https://www.taxtmi.com/caselaws?id=196861 A suit seeking partition and allotment of a share in jointly held Government promissory notes is governed by the residuary limitation provision, rather than the limitation rule for recovery of specific movable property, because no identified notes are claimed in specie and the property remains undivided until partition. Time spent pursuing earlier execution proceedings is excludable where those civil proceedings were prosecuted with due diligence and good faith, enforced the same substantive right, and failed for want of jurisdiction. The limitation defence therefore fails, requiring determination of the remaining issue. en-us Thu, 01 May 1958 00:00:00 +0530 Sat, 16 Dec 2017 18:37:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196861 A suit seeking partition and allotment of a share in jointly held Government promissory notes is governed by the residuary limitation provision, rather than the limitation rule for recovery of specific movable property, because no identified notes are claimed in specie and the property remains undivided until partition. Time spent pursuing earlier execution proceedings is excludable where those civil proceedings were prosecuted with due diligence and good faith, enforced the same substantive right, and failed for want of jurisdiction. The limitation defence therefore fails, requiring determination of the remaining issue. Case-Laws Companies Law Thu, 01 May 1958 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196861