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    <title>1976 (11) TMI 207 - Supreme Court</title>
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    <description>A presumption of death under the Evidence Act establishes only that a person is dead after being unheard of for seven years; it does not prove the exact date of death. Because limitation for possession after a declaratory decree runs from accrual of the right to sue, the plaintiffs had to prove that death occurred within the prescribed period, and they failed to do so. Time spent in earlier litigation could not be excluded under the Limitation Act because exclusion applies only where the earlier proceeding was not entertainable for want of jurisdiction or a similar defect. A suit dismissed as premature was outside that provision.</description>
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    <pubDate>Mon, 29 Nov 1976 00:00:00 +0530</pubDate>
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      <title>1976 (11) TMI 207 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=198161</link>
      <description>A presumption of death under the Evidence Act establishes only that a person is dead after being unheard of for seven years; it does not prove the exact date of death. Because limitation for possession after a declaratory decree runs from accrual of the right to sue, the plaintiffs had to prove that death occurred within the prescribed period, and they failed to do so. Time spent in earlier litigation could not be excluded under the Limitation Act because exclusion applies only where the earlier proceeding was not entertainable for want of jurisdiction or a similar defect. A suit dismissed as premature was outside that provision.</description>
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      <pubDate>Mon, 29 Nov 1976 00:00:00 +0530</pubDate>
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