Law:

Section:

(a) Limitation Act (IX of 1908)-------S. 14---Specific Relief Act (I of 1877), Ss.8, 35 & 42---Civil Procedure Code (V of 1908), O.VII, R.11 ---Rejection of plaint---Period of limitation, extension of---Plea of proceedings before wrong forum--­Direction of Supreme Court---Effect---Suit for possession, cancellation of document and declaration was filed by the plaintiff after 30 years--­Earlier proceedings under rent laws were initiated and the matter went up to Supreme Court, where the Court directed the parties to approach Civil Court as the issue of title could not be deciced by Rent Controller---Suit was filed in the light of the direction of Supreme Court---Plaintiff contended that as the matter had been proceeded before wrong forum and the direction of Supreme Court had condoned the delay, therefore, the suit was within time---Validity---Order of Supreme Court provided guidance to the parties to seek redressal of their grievance in accordance Svith the law and so also the relevant Court was expected to decide the case in accordance with law---Supreme Court had not extended the period of limitation enabling the party to prosecute a time-barred claim relief which was absolutely not an issue before Supreme Court---No party could be allowed to raise a presumption from an order of Supreme Court when something was not expressly observed or stated therein---Vested rights were created on account of limitation in favour of opposite-party, therefore, determination of such rights could not be subjected to presumptions and self-conceited inferences---Plaintiff had to face the consequences of limitation on the merits of his own case and could not seek refuge under the observations made either by the Supreme Court or even by High Court in its rent appellate jurisdiction---Court, in order to extend benefit of S.14 of Limitation Act, 1908, for the purpose of exclusion of time, could exclude the time during which the plaintiff had been prosecuting with due diligence other civil proceedings whether in a Court of first instance or in a Court of appeal against the defendants when such proceedings were founded upon the same cause of action and the plaintiff had prosecuted…

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