Case Name : Smt Dilboo (Dead) by Lrs & Ors vs Smt Dhanraji (Dead) & Ors
Case Reference: (2000) Supp 3 SCR 214
Case Number CA 3673/1982
Neutral Citation: 2000 INSC 440
Court: Supreme Court
Bench: 02
Coram: VN Khare, SN Variava (Author)
Date: 12.09.2000
When the suit is filed beyond time, the plaintiff has to aver and prove that the suit is within the permissible time of their knowledge. In the absence of any averment or proof to show that the suit is within time, the suit fails. (Page 227 at A-B)
The date of registration of a document, is the date of deemed knowledge. (Page 227 at B-C)
Where a fact could be discovered by due diligence, then deemed knowledge would be attributed to the plaintiff because a p arty cannot be allowed to extend the period of limitation by merely claiming that he had no knowledge (Page 227 at B-C)
Refer also:
See also: Limitation - Article 134
PDF: Dilboo vs Dhanraji, (2000) Supp 3 SCR 214.pdf
Web Link: URL of judgment