IF PRIMARY RELIEF IS TIME-BARRED, ANCILLARY RELIEFS ALSO BECOME UNENFORCEABLE: SC

IF PRIMARY RELIEF IS TIME-BARRED, ANCILLARY RELIEFS ALSO BECOME UNENFORCEABLE: SC

Hitesh P. Sanghvi filed a civil suit on November 21, 2017 seeking to declare a Will of February 4, 2014 and Codicil of September 20, 2014 executed by his father null and void after his death on October 21, 2014. He learned of them in November 2014. Defendants moved under Order VII Rule 11 CPC to reject the plaint as time-barred. The City Civil Court dismissed the suit, but the High Court reversed, permitting evidence on limitation. The Supreme Court allowed the appeal, holding the suit governed by Article 58 of the Limitation Act with a three-year period from accrual on February 4, 2014, expiring by February 4, 2017. No evidence is required when limitation appears on the plaint. The Court rejected any “full knowledge” distinction and ruled that if the primary relief is barred, ancillary reliefs fail. Section 3 strictly and immediately mandates dismissal of time-barred suits without exception.

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