Once limitation starts running , it cannot be stopped --- Limitation is always pivotal question , which cannot be ignored by Court even by invoking principles of equity .

2023 M L D 1819

Once limitation starts running , it cannot be stopped --- Limitation is always pivotal question , which cannot be ignored by Court even by invoking principles of equity .1

Suit for specific performance of agreement to sell Withdrawal of suit --- Limitation for second suit --- Rejecting of plaint Concurrent findings of two Courts below --- Plaintiff sought specific performance of agreement to sell but his plaint was concurrently rejected by two Courts below , as the same was barred by limitation Validity --- First suit instituted by plaintiff was within prescribed period of limitation but he withdrew the suit with permission to file afresh , which permission was conditional --- Situation of second suit was catered by the provision of O. XXIII , R. 2 , C.P.C .--- For purpose of limitation , first suit , which has been withdrawn , is not to be taken into consideration at all , so the time spent on such a suit is not to be deducted for the subsequent suit --- There were concurrent findings of two Courts of competent jurisdiction founded on well - established principles of law --- Plaintiff failed to point out any illegality or material irregularity in the judgments of both the Courts below --- Scope of revisional jurisdiction was circumscribed to eventualities mentioned in S. 115 , C.P.C .---