Civil Procedure Code, 1908, Order 8, Rule 1, 10, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section 151 -- Limitation to file written statement - Condonation of delay - As per proviso to O.8.Rr.1, and second proviso to O.8.R.10 CPC has effect of barring on filing of written statement beyond 120 days from date of service of summons - In the..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Composite decree of declaration as well as mandatory injunction - Limitation applies as prescribed under Article 136 of Limitation Act...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Remedy of application U.O.9.R.13 CPC and S.96 CPC - It would be in prudence or at least ex abundanti cautela that defendant also files an appeal within period of limitation and then wait and watch as to what happens to his application U.O.9.R.13 CPC...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Condonation of delay - Delay of 1433 days in filing appeal against ex parte decree - Defendants elected to prosecute and proceed only with application U.O.9.R.13 CPC, but not with the remedy of appeal u/s 96 CPC - They filed appeal after a fairly long period of time nearly 1433..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468 -- Proceedings under D.V. Act - Provision of S.468 Cr.P.C relating to limitation is applicable to cases instituted under D.V. Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 28, 32, Criminal Procedure Code, 1973, Section 468 -- Complaint under D.V. Act - Limitation - Can be filed only within a period of 1 year from date of incident in view of Ss.28, 32 of D.V. Act, as maximum punishment provided under D.V. Act is for a term which may extend to 1 year and Court is debarred from..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 20(2), Limitation Act, 1963, Article 113 -- Eviction petition - Limitation - There is no provision under Limitation Act, providing for limitation in filing a suit against a tenant when a ground for eviction exists under a statue - S.20(2) of the Act only creates a bar to file a..........
Civil Procedure Code, 1908, Order 21, Rule 11, 22, Civil Procedure Code, 1908, Order 23, Rule 2, Limitation Act, 1963, Article 135, 136 -- Second execution petition - Execution allowed to be withdrawn and proceedings allowed to be kept intact for filing fresh execution petition - O.23.R.2 CPC and Article 135/136 Limitation Act not applicable to fresh execution petition...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issues of res judicata, constructive res judicata and limitation are to be decided on basis of evidence on record - Plaint cannot be rejected on these issues - Further, issue of Court fee can be decided by Court by passing any contingent/conditional decree...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit filed against a dead person - There is no legal impediment in impleading the legal representatives of the deceased defendant, subject of course to the law of limitation, to be decided during course of trial...........
