If Primary Relief Is Time-Barred, Ancillary Reliefs Also Become Unenforceable : Supreme Court

The Supreme Court observed that when the primary relief in the suit becomes time-barred then the ancillary relief claimed therein also becomes unenforceable.

The bench comprising Justices Pankaj Mithal and SVN Bhatti heard the case where the primary relief in a plaintiff's suit seeking a declaration that his father's Will and Codicil was null and void was dismissed by the civil court as time-barred under Order VII Rule 11(d) CPC because the suit was filed beyond the prescribed three-year period of limitation under Art. 58 of the Limitation Act, 1963.

However, the High Court reversed the civil court's findings stating that in the suit, the plaintiff has claimed different reliefs and even if the plaint is barred by limitation in respect of one of the reliefs, it cannot be rejected in toto with respect to other reliefs.

Setting aside the impugned findings, the judgment authored by Justice Mithal ruled that when the main relief becomes infructuous by operation of law (herein Limitation Act), then other reliefs connected to the main relief also become redundant.

“Lastly, the first appellate Court has ruled that in the suit, the plaintiff has claimed different reliefs and even if the plaint is barred by limitation in respect of one of the reliefs, it cannot be rejected in toto. The aforesaid submission is also without substance as upon the plain reading of the prayers made in the plaint, it is apparent that the primary relief claimed therein is to declare the Will and the Codicil to be null and void and also all subsequent proceedings thereto. In addition to it, the plaintiff has claimed permanent injunction. The other reliefs are dependent upon the first relief and cannot be granted until and unless the plaintiff succeeds in the first relief. Therefore, once the plaint or the suit in respect of the main relief stands barred by time, the other ancillary relief claimed therein also falls down.”, the court observed.

Since the suit seeking da eclaration of his father's Wills and Codicils as null and void was filed beyond the statutory time limit of three years, thus the Court noted that once the suit seeking main relief was dismissed then the other reliefs in the suit cannot be adjudicated independently in absence of the main relief.

Accordingly, the Appeal was allowed, and the trial court's decision was restored.

Also From Judgment: Art. 58 Limitation Act | Limitation Period Begins When Cause Of Action First Arises, Not On Full Knowledge Of Dispute : Supreme Court

Case Title: NIKHILA DIVYANG MEHTA & ANR. VERSUS HITESH P. SANGHVI & ORS.

Citation : 2025 LiveLaw (SC) 428

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