LAW FOR ALL

Or.14, rule 1 and 2 of C.P.C. and Art.10 , 59 ,92 and 96 of Limitation - suit filed against ex trustee for declaration that the settlement deeds dt. 27-3-1978 executed by him infavour of his daughter and grand daughters in respect of Trust Property is null and void - defendant took plea that it is barred by limitation as the suit is filed beyond three years - single judge under preliminary issue dismissed the suit and D.B. bench also confirmed the same - Apex court held that No suit be dismissed on the issue of preliminary issue - when it is a question of law and fact and when suit is not barred by limitation under Art.10 of limitation Act against the trustee or his legal representatives and when it is 12 years from the date of transfer as per Art. 92 - both lower courts committed error and as such allowed the appeal by setting aside the lower court orders = Satti Paradesi Samadhi & Philliar Temple … Appellant Versus M. Sankuntala (D) Tr. Lrs. & Ors. …Respondents = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41772