Breaking Supreme Court Legal Update
New Delhi · Thursday, 30 July 2026 9888666310 | [email protected]
Free Law — free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2025-04-09 allowed

AND ANOTHER vs RAJMANI AND OTHERS

Bench: 2 — J. B. Pardiwala, R. Mahadevan

In Brief

A widow and daughters of a deceased son challenged a 1965 maintenance decree and court sale of joint family property executed in 1970, filing suit in 1982—seventeen years later. Trial and appellate courts dismissed the suit as barred by limitation under Article 59 of the Limitation Act (3-year period). The High Court, despite concurrent findings, remanded for fresh trial on limitation. The Supreme Court allowed the appellant's appeal, holding that the High Court should have decided the substantial question of law rather than remit. The Court emphasized that limitation is a statutory matter to be strictly enforced, especially when earlier transactions are within parties' knowledge; courts have a duty to examine limitation even without formal issues; and protection of bona fide purchasers for value is paramount.

The lawyer headnote and full judgment text are available to registered users.

Limitation Civil Procedure Code of Civil Procedure 1908 Property Law Execution Proceedings Court Sale Bona Fide Purchasers Concurrent Findings Second Appeal Substantial Question of Law

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login