Showing : 1-10 of 34 Results

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..........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for permanent injunction - Plaintiff was aware of correct address of defendant but intentionally did not give the same - No explanation come forth in plaint or in evidence of giving other address of defendant, which was not supported by any documentary..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction on the basis of agreement to sell - Limitation - Agreement to sell executed in the year 1987 and sale deed in favour of defendants executed in the year 1994 - Suit filed in the year 2004 - Nothing on record that steps were taken by plaintiff to get..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 37, Limitation Act, 1963, Article 65-- Suit for declaration, permanent injunction and possession - Limitation - Since suit was for declaration, permanent injunction and possession, Art.65 of Limitation Act is applicable which provides limitation of 12 years to be counted from the date when possession of defendant becomes adverse to..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Barred by law - Suit for cancellation of sale deed and permanent injunction - Plaintiffs got knowledge of sale deed at least in the year 2007 and suit was filed in 2011 - Suit filed after three years from date of plaintiffs got knowledge of sale deed is thus, barred by..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Earlier suit for permanent injunction filed - Suit withdrawn and subsequent suit for specific performance filed - Second suit for specific performance is not barred U.O.2.R.2 CPC as (i) Cause of action to claim a relief of permanent injunction and the cause of action to..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Plaintiffs asserted that suit was filed immediately after getting knowledge about fraudulent sale deed executed by defendants by keeping them in dark about such execution and within 2 days from refusal by..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit with liberty to file fresh suit - Plaintiff wants to convert the suit for permanent injunction to specific performance on the basis of agreement to sell - Originally suit for permanent injunction filed against President and Secretary individually - Appropriate party would be..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 2-- Preliminary issue - Suit for permanent injunction - Issue of redemption of mortgage and issue of limitation - Are mixed question of law and facts - Cannot be decided as preliminary issues...........

Showing : 1-10 of 34 Results