Applicability of time limitation - The Learned Single Judge has ...

Court Rules: No New Cause of Action to Bypass 46-Year Delay; Repeated Appeals Don't Extend Limitation Period.

March 8, 2022

Case Laws     Indian Laws     HC

Applicability of time limitation - The Learned Single Judge has rightly noted that though seemingly, it is an innocuous prayer but clearly it is an attempt on the part of the Appellant to create a fresh cause of action in order to overcome the delay and laches and cannot be countenanced. It is a settled law that repeated representation does not extend limitation nor can be a ground to plead a fresh cause of action so as to overcome delay and laches which in this case is 46 years from the date the shop was demolished and over 11 years from the rejection of representation, with not an iota of explanation enabling this Court to condone the delay - HC

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