⚖️ Legal Learning by Shri Ganpati Jurists
⏳ When Main Relief is Time-Barred, Ancillary Relief Also Fails
📌 Key Takeaway:
The Supreme Court has ruled that if the primary relief in a suit is dismissed as time-barred, all related reliefs (🔗 ancillary claims) that depend on it also become unenforceable.
📝 Case Insight:
A plaintiff sought to declare his father's Will & Codicil as null and void. The suit was rejected by the trial court as being filed after the 3-year limitation period under Article 58 of the Limitation Act.
The High Court tried to save the suit by separating the injunction relief. But…
🧑⚖️ Supreme Court’s Verdict:
If the main relief is dismissed as time-barred,
The other reliefs (e.g., injunctions) that depend on it cannot survive independently.
They become legally redundant.
📚 Relevant Provisions:
Section 58 – Limitation Act, 1963
Order VII Rule 11(d) – CPC (Suit barred by law)
💡 Practical Tip:
Before filing a suit, always check whether your main relief is within the legal time frame.
⛔ Delay = Loss of All Connected Claims.
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