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Results of declaration suit

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Showing : 91-100 of 1409 Results

GAUHATI HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 63, 65 -- Second appeal - Suit for declaration - Validity of certified copy - Trial Court while decreeing suit had taken into consideration all materials on records including certified copy which were never challenged by defendant - No glaring illegality or..........

MADHYA PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11(d) - - Barred by limitation - Suit for declaration, permanent injunction, possession and for setting aside sale deed - Sale deed in question executed in 2009 - Suit filed in the year 2017 i.e after more than 8 years, while limitation for challenging registered sale deed is 3 years - Suit is barred by limitation - Plaint..........

MADRAS HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for declaration and permanent injunction by private trust - Pleadings in plaint making out triable issues, which have to be proved by either party during trial by letting in evidence - Issue of limitation is also a mixed question of fact and law requiring proof - Court considering application to..........

DELHI HIGH COURT

Year of decision: 2019
Details

Agreement to sell -- Suit for specific performance - Maintainability - Termination of agreement prior to filing of suit - Merely because no declaration is sought that termination is illegal, it cannot be said that suit for specific performance is not maintainable...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 38, 39 -- Injunction suit based on easementary right - Suit for mere injunction without seeking relief of declaration is not maintainable...........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2019
Details

Limitation Act, 1963, Section 3, 28, Article 144 -- Limitation - As per S.28 and Art.144 of Limitation suit for declaration of title based on the plea of adverse possession is not maintainable after the expiry of the period of 12 years u/s.3 of the Act - Suit barred by law...........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of adverse possession - Cause of action - Bar of suit by principle of res judicata - Suit filed by the respondents which is pending adjudication before the Sub Judge which is a suit for declaration of title on the basis of adverse possession - Thus, suit is barred by law...........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Revenue suit proceedings for seeking possession instituted by plaintiff after delay of 53 years with clever drafting not seeking declaration and that would lead to inescapable conclusion that suit was clearly barred by limitation - Plaint rightly rejected...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Ad valorem Court fee - Simpliciter suit for declaration that sale deed is null and void filed by plaintiff, as they are stated to be in possession of suit property - Plaintiff not sought for relief of possession and cancellation of sale deed - It cannot be said that plaintiff would deem to be party of..........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and permanent injunction - Restraining of defendants from interfering with peaceful possession of plaintiffs - Report of Amin establishes that plaintiffs and defendants were in occupation of their respective shares as per sale-deed - However, plaintiff proved continuous physical possession apart from..........

Showing : 91-100 of 1409 Results