In Brief
The case concerns a partition suit filed by the heirs of Anandibai for ancestral land. The defendants, including the original owner Chimasaheb's successors, argued the suit was barred by limitation under Article 65(b) of the Limitation Act, 1963 (being filed 12+ years after the death of Shakuntalabai, an absolute female owner), and also barred by Order II Rule 2 of the CPC. The Supreme Court held that Article 65(b) applies only when property is claimed independently of a female's ownership and she was a limited owner. Since Shakuntalabai was an absolute owner and the heirs derived title through her death, Article 65(b) did not apply. Further, the partition suit had a different cause of action than the earlier declaration suit, so Order II Rule 2 CPC was inapplicable. The appeal was dismissed.
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