Preliminary decree in partition suit

Article 181 of Limitation Act, 1908 would apply to such application and period provided thereunder could be calculated from date of knowledge of alleged fraud and misrepresentation committed by a party

Applicant being defendant in suit had challenged final decree dated 8-11-2006, but failed upto Supreme Court

Applicant had withdrawn his petition from Supreme Court on 17-9-2010

Applicant had made application under S.12(2), C.P.C. on the basis of facts alleged in application dated 6-9-2001 for permission to adduce additional evidence during appeal

Appellate Court had dismissed such application for production of additional evidence on 10-12-2001

Facts alleged in application under S.12(2), C.P.C. were in the knowledge of applicant in September, 2001 much prior to passing of impugned decree on 13-5-2004

Application under S.12(2), C.P.C. was time-barred, thus, calling respondent to file written reply thereto and framing of issue would be a futile exercise

Application under S.12(2), C.P.C. was dismissed in circumstances.