Limitation Act, 1963, Section 12(1), 4 -- Recovery of money - Suit for - Limitation - Defendant borrowed the amount on 01.03.1996 - He issued letter of acknowledgement of the said amount on 14.03.1996 - Limitation starts from the date of acknowledgment of debt i.e., on 14.03.1996 but not from the date of receipt of amount - As such, limitation of three years period ends by..........
Civil Procedure Code, 1908, Order 37, Rule 1, Stamp Act, 1899, Section 36 -- Recovery of money - Suit for - Admissibility of evidence - Defendant clearly admits receipt of Rs.6,00,000/- but failed to prove that he has taken that amount for purchasing of landed properties on behalf of plaintiff and not as a debt as alleged by him - Plea of inadmissibility into evidence of..........
Limitation Act, 1963, Article 22,28 -- Suit for recovery of money - Plaintiff obtained shop on lease from defendant against security deposit which was to be refunded at time of vacating premises - Lease deed captioned as `rent bond' - Held, document executed, did not come into existence on account of any loan transaction - Art.28 of Limitation Act not attracted -..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Order 37 - Agreement to sell executed by defendant in favour of plaintiff - Plaintiff filed simple suit for injunction which was withdrawn unconditionally - Plaintiff then filed summary suit U.O.37 for recovery along with damages - This suit was rejected U.O.7.R.11 CPC - Plaintiff then filed suit seeking relief of specific..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of money on the basis of pronote and receipt - Trial Court dismissed the suit holding that there was no pleading regarding execution of pronote and receipt and thus ignored the statements of both the attesting witnesses of the document being beyond pleadings - First Appellate Court reversed the..........
Civil Procedure Code, 1908, Order 39, Rule 2 -- Order 39 Rule 2 refers to suit for restraining defendant from committing a breach of contract or other injury of any kind - Simple suit for recovery of money for non payment of part of price for supply of plant and machinery does not fall within the purview of provision of O.39.R.2 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 8 -- Monetary loss and mental agony - Suit for recovery - No details pleaded in the plaint for computing loss caused due to mental agony - Held, it was necessary to plead and prove the specific facts which result in causing loss - A money decree for loss in business or the loss caused due to mental agony cannot be granted on the..........
Civil Procedure Code, 1908, Section 102 -- Suit for the recovery of Rs.20000/- dismissed - Appeal filed by plaintiff allowed - Second appeal not maintainable because of bar of Section 102 CPC which provides that no second appeal shall lie from any decree, when the subject matter of the original appeal is for recovery of money not exceeding Rs.25000/-...........
Civil Procedure Code, 1908, Section 34 -- Interest - Earnest money - Recovery suit decreed - Award of interest - Legality of - Contention that defendants were not in a position to execute sale deed - Defendants kept money with them for a very long period - Held, defendants should have returned earnest money to plaintiff - In these circumstances, finding of learned..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Leave to defend - Suit for recovery of money - Facts projected in application for leave to defend supported by allegation contained in FIR - Contention that trial Court has formed opinion on the basis of the allegations contained in FIR - Held, leave granted is not solely on the basis of the allegations mentioned in FIR -..........
