Showing : 41-50 of 141 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of 31 years in filing suit - Suit for declaration - Suit filed much beyond period of limitation - Plea of plaintiff that he came to know about existence of Will just two months prior to filing of suit is rightly negated by Courts below, as mutation on the basis of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Court Fees Act, 1870, Section 7(iv)-- Court fees - Suit for declaration - Relief of possession not sought as plaintiff claiming himself to be in possession - Plaintiff to value the relief of declaration u/s 7(iv) of the Act and there is no need for an ad valorem Court fee on a valuation of suit property. (Para 4) Civil Procedure Code,..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Article 65, Evidence Act, 1872, Section 102-- Adverse possession - Suit for declaration of title and recovery of possession - Burden of proof - Once plaintiff establish her title over suit property, burden will be shifted to defendant to prove adverse possession against plaintiff beyond the statutory period of limitation...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for permanent injunction - Amendment sought to incorporate relief of declaration to challenge sale deeds executed by defendants - Plaintiff came to know about said sale deeds from the written statement of defendants - Amendment sought by plaintiff not barred by..........
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..........

Showing : 41-50 of 141 Results