Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of facts and law which could also be an issue that could be dealt with by Trial Court as a preliminary issue - Application for rejection of plaint rightly dismissed...........
Agreement to sell -- Specific performance - Limitation - Notice of refusal - Execution of registered sale deed in favour of third party and delivery of possession - Amounts to constructive notice of refusal to perform - Therefore, there is no merit in the contention that plaintiff got notice of refusal only when an oral demand was raised. (Transfer of Property Act, 1882,..........
Agreement to sell -- Specific performance - Limitation - Second limb of Art.54 Limitation Act - Second limb of Article 54 of Limitation Act should not be interpreted so as to prolong contract to an uncertain period, unless there is sufficient ground for it and it should be made mentioned in the contract for sale or capable of discernment from attending circumstances..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Final decree proceedings can be initiated at any point of time - There is no limitation for initiating final decree proceedings...........
Limitation Act, 1963, Section 5 -- Condonation of delay - It is incumbent on the part of a party seeking condonation of delay to satisfy Court by mentioning material details and justifying the cause...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay condoned - Delay not to be taken into consideration to decide the petition on merits...........
Limitation Act, 1963, Article 136 -- Execution - Decree of permanent injunction - To implement a decree for perpetual injunction, no limitation is provided...........
Limitation Act, 1963, Article 59, Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Limitation - Suit for cancellation of sale deed and for possession - When a composite suit is filed for cancellation of sale deed as well as recovery of possession, limitation period is required to be considered with respect to substantive relief of..........
Limitation Act, 1963, Article 59, Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Composite suit for cancellation of sale deed and possession - Substantive relief is cancellation of sale deed and consequent relief is of possession...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 756 days in filing revision against rejection of application u/s 126(2) Cr.P.C - No sufficient explanation given for delay - Complete careless and reckless long delay found on the part of petitioner - Delay not condoned - Application for condonation of delay rejected...........