Article 98: (Arts. 11 and 11A of the Act of 1908):
The period of limitation for a suit by a person against whom an order referred to in Rule 63 or in Rule 103 of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908) or an order under Section 28 of the Presidency Small Cause Courts Act, 1882 (15 of 1882) has been made, to establish the right which he claims to the property comprised in the order is one year and the time of limitation starts to run from the date of the final order.
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ADVERTISEMENTS:
Article 98 is related to the following three types of suits:
(i) A suit by a person against whom an order referred to in R. 63 of Order XXI of the C.P.C. has been made;
(ii) A suit by a person against whom an order under Rule 103 of Order XXI of the CPC has been made; and
(iii) A suit by a person against whom an order under Section 28 of the Presidency Small Cause Courts Act, 1882 has been made.
ADVERTISEMENTS:
All the above suits have to be filed to establish the right which the plaintiff claims to the property comprised in the order.
The starting point of limitation as specified in Art. 98 is the date of final order and the suit has to be filled within one year of the final order. If such an adverse order is passed by the executing Court, such order is the final order even if an in fructuous revision case is filed against such order.