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.
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