Arifa vs Abhiman Apartment Co-Operative Housing Society Ltd 2025 INSC 875 - Order XXIII CPC - Limitation - Liberty To File Fresh Suit
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Code of Civil Procedure 1908 - Order XXIII ; Limitation Act 1961 - Section 3 - Even when a suit is withdrawn with leave of the Court to file a fresh suit, under Order 23 Rule 1 of the CPC limitation applies with full force as per Rule 2 of Order 23. (Para 7)
Limitation Act 1961 - Section 3 -In this case, the High Court, while dismissing the Second Appeal, granted liberty to file a comprehensive suit for the reliefs sought for, including the proposed amendment- Before SC, the issue raised was whether the liberty granted to file a fresh suit by the High Court would enable the party to revive a cause of action and save limitation, so as to enable raking up all grounds earlier raised and rejected by concurrent findings of the trial court and the first appellate court- SC held: High Court in the second appeal was akin to flogging a dead horse; which cannot give a fresh lease of life to either the cause of action; to save limitation or the grounds on which the declaration and consequential relief has been prayed for in the present suit; which grounds were already adjudicated in the earlier suit and found against the plaintiff by three Courts. (Para 10)
