Limitation Act, 1963 : Section 3: Limitation-Prescribed period of-Suit filedafter expiry of period of limitation-Trial court decreed the suit-Decreemaintained in first and second appeals-Validity of-Held : Trial court bound to dismiss a suit filed after expiry of period of limitation-Hence thedecree set aside- Freedom Fighters Pension Scheme, 1972-SwatantrataSainik Samman Pension Scheme, 1980.
The respondent was granted freedom fighters pension under theFreedom Fighters Pension Scheme, 1972. Subsequently, as therespondent's annual income exceeded the limit fixed under the saidscheme the appellant suspended the release of the pension to therespondent.However, the appellant promulgated a new scheme known as theSwatantrata Sainik Samman Pension Scheme, 1980 in place of the 1972scheme. Under the new scheme, the ceiling on annual income as one of the eligibility conditions was waived.Thereafter, the appellant issued a fresh grant of pension in favour of therespondent under the new scheme with the stipulation that the excessamount drawn by him when he was not eligible was liable to be adjustedagainst future payments. Being aggrieved the respondent filed a civil suit which was decreed by the trial court. The decree was maintained in first and second appeals. Hence this appeal.On behalf of the appellant, it was contended that the suit was barred bytime, under Section 3 of the Limitation Act, 1963 and, therefore, the suit could not have been decreed.
The Judgment of the Court was delivered by R.C. LAHOTI, J. : Leavegranted.Punjab Singh, the respondent No.l, applied for the grant of FreedomFighters Pension under the Freedom Fighters Pension Scheme 1972framed by the Government of India. One of the eligibility conditions wasthat the applicant's annual income from all sources combined should not exceed Rs. 5,000. The respondent showed his total income fromagriculture to be Rs. 2,500 per annum. The State Government recommended his case for the grant of pension and the same was releasedw.e.f. 15.8.1972. On 7.11.1978, the Government of Punjab intimated the