Showing : 81-90 of 831 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Bar of limitation - Issue of limitation is a mixed question of law and fact and same has to be gone into by trial Court at an appropriate stage in main suit - Application for amendment of plaint cannot be rejected on ground of limitation...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for cancellation of sale deed - Amendment sought to incorporate relief of declaration of ownership/title - Trial has not yet commenced and suit is coming for adduction of evidence - Merely on the ground of delay or limitation amendment of plaint cannot be rejected -..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by limitation - Suit for specific performance - Suit not filed within 3 years of date of refusal by defendant held barred by limitation - However, plaintiff contended that recovery of possession also sought and in respect of same limitation is of 12 years - Contention..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Abatement of appeal - Condonation of delay - Death of plaintiff - Plaintiff being trustee of suit property filed suit though not instituted in the name of trust - But suit property is allegedly shown in the name of Trust - Applicant claiming himself to be authorized or working Trustee of suit..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Partition-- Limitation - Once parties are co-owners, it always depends upon plaintiff as to when he files suit seeking partition - No limitation is prescribed for seeking partition...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 59-- Limitation - Religious institutions - Suit for possession - Religious institutions are to be treated as a minor as they are not able to manage the property themselves and they have to act through their manager or Mahant and such managers have to act under some limitations - In the case in hand,..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for specific performance - Plea of limitation - Neither raised before trial Court nor before first Appellate Court - Said plea being mixed question of law and fact, cannot be examined first time in second appeal by High Court...........
KERALA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 60-- Limitation - Partition suit - Mohammadan Law - Suit for partition simplicitor laid 28 years after plaintiff attained majority is not maintainable in law, as it was not filed within 3 years after she attained majority as such suit was bound to fail - Suit barred by limitation...........
KERALA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 60-- Limitation - Partition suit - Mahomedan Law - Suit for partition filed by plaintiff after 28 years of attaining majority - Suit is not maintainable as plaintiff has not filed suit within 3 year after attaining majority u/art 60 of Limitation Act - Suit rightly dismissed...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Bar of limitation - Suit for specific performance - Existence of real cause of action and bar applies to the facts from proof are matters for adjudication - However, in such case, rather than deciding rejection of plaint, it is to invoke O.14.Rr.1, 2 CPC to sub-serve the ends..........

Showing : 81-90 of 831 Results