Showing : 1-10 of 139 Results

RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5-- Abatement of suit - Delay in bringing on record LRs of deceased defendant - Condonation of delay - Neither plaintiff was aware of fact that defendant had expired on Sep. 2013 nor had he committed any intentional delay in filing application after Oct. 2015 - LRs of deceased defendant were residing..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of 1514 days in filing application for restoration of suit dismissed in default - Plaintiff pleaded that suit dismissed for default as he was in coma - However, plaintiff completely failed to produce any evidence with respect to his assertion that he was in coma, which..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Article 122-- Restoration of suit dismissed in default - Statutory period for filing restoration application is the date of order and not knowledge of order - Condonation of delay is not permissible in absence of an application - No permission can be granted to an aggrieved party for filing an application for..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 14-- Exclusion of time - Plaintiffs were at liberty to file suit in respect of property situated in jurisdiction of three different High Courts - They choose jurisdiction of one Court for filing suit - It cannot be said that plaintiffs were pursuing fresh cause in a Court having no jurisdiction to..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of 165 days in filing appeal against ex parte eviction decree - Defendant categorically stated that he was not at all served and he came to know of decree passed in suit only when he received notice in execution petition and immediately after obtaining certified copies..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1908, Article 140, 141-- Limitation - Alienation made by Hindu Widow - Suit for recovery of possession by reversioners (heirs) - Period of limitation for filing suit for recovery of possession would commence upon death of widow...........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Article 65, Specific Relief Act, 1963, Section 34-- Limitation - Suit for declaration that gift deed is null and void - Defendant tried to dispossess plaintiff in 2011 on the basis of sale deed, then she came to know about so-called gift deed in favour of defendant - Suit itself filed in 2011 - For filing suit for declaration of gift deed as void,..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100- - Delay of 277 days in filing second appeal - Title suit was decreed on the ground of default - First Appellate Court affirmed judgment and decree passed by trial Court - Immediately defendant filed review application as advised, which was also dismissed - Second appeal filed on behalf of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 75-- Rejection of plaint - Limitation - Suit for damages - Defamation - Art.75 of Limitation Act, provides one year limitation from the date of publication of libel - Last date of publication/telecasting of news item was 2014 and one year thereafter had elapsed on 2015 - Suit filed in 2017 thus, barred..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Hindu Minority and Guardianship Act, 1956, Section 8(3), Limitation Act, 1963, Article 60-- Minors property - Sale in contravention of S.8(3) of Act of 1956 - Alienation made on behalf of minor can be avoided by minor or any person claiming under him by filing a suit - Suit to be filed within three years of attaining majority of minor or within three years of death if minor dies before..........

Showing : 1-10 of 139 Results