Showing : 31-40 of 113 Results

DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Bar of limitation - Suit for declaration of title and recovery of possession - Relief of declaration of title to immovable property is implicit in a suit for recovery of possession based on title, as without establishing title to property, if disputed, no decree for relief of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction for setting aside judgment and decree declaring defendant as owner of suit property - Limitation - Once there is an admission in cross examination with regard to execution of sale deed in the year 1981 in favour of defendants, yet there is no challenge..........
DELHI HIGH COURT
Year of decision: 2015
Details
Limitation Act, 1963, Article 59-- Limitation - Suit for declaration and cancellation of sale deeds, GPA and Will alleged to be got executed by misrepresentation and fraud - Limitation is three years as prescribed under Art.59 of the Act - Plaintiffs claiming through their father - Since father did not seek declaration by filing..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar by limitation - Suit for declaration and permanent injunction - Cause of action for instituting suit first arose in the years 1993-94 - Period of three years reckoned therefrom would expired in the year 1996-97 - Moreover, suit is an ingenuous attempt on part of plaintiff..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of limitation - Suit for declaration that sale deed in question is null and void - Plaintiffs admitting that suit is barred by limitation having been filed after 26 years after the transaction - Moreover, there is clear and unequivocal fact that suit is also barred as..........
DELHI HIGH COURT
Year of decision: 2015
Details
Limitation Act, 1963, Article 58, 59-- Limitation - Suit for declaration and cancellation of documents as null and void - Once the documents in question are known to plaintiff admittedly in 2004, suit has to be filed by the year 2007 but the present suit has been filed in the year 2010 which is clearly barred by limitation being filed..........
KERALA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 34-- Suit - for declaration of title over a property by adverse possession and limitation is not maintainable...........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought to incorporate additional prayer regarding cancellation of alleged sale deed - Additional prayer is dependent upon main prayer of declaration of title - Amendment rightly allowed though filed belatedly - However,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Limitation Act, 1963, Article 59-- Limitation - Suit for declaration that sale deed in question is null and void - Sale deed in question was sought to be cancelled after more than 18 years of its execution and registration - Suit held barred in view of Art.59 of Act as cancellation of sale deed is to be sought within three years..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Adverse possession -- Suit by plaintiff for declaration of title on the basis of adverse possession is not maintainable - Plea of adverse possession is available only to defendant by virtue of Art.65 of Limitation Act...........

Showing : 31-40 of 113 Results