Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21 -- Impleadment of a party - Suit for recovery - Addition of another legal heir - Suit against him became time barred - Dismissal of application calls for no interference...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for joint possession and that sale deed in question is null and void - Suit filed after a period of more than three years from the date of knowledge of sale deed, is time barred - Suit dismissed being barred by limitation. ( Para 8)..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Defendant in his application not indicated a word as to under which provision of law, suit is barred - Vague application U.O.7.R.11 CPC is filed - Even otherwise, plaint cannot be rejected, merely on the ground of limitation - Application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 59 -- Amendment of plaint - Time barred relief - Cancellation or setting aside an instrument - Suit for declaration to be filed within three years of execution of said document or within three years of date of knowledge - Documents mentioned in written statement - Amendment not sought within three..........
Limitation Act, 1963, Article 60 -- Property of minor - Sale by guardian - Setting aside - Limitation - Suit filed when plaintiff was 29 years old - Limitation to file suit is three years from the date of attaining majority by minor - Suit filed beyond period of three years is barred by limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 14, Article 113 -- Rejection of plaint - Barred by limitation - Suit for recovery of money for balance amount due with respect to services performed - Cause of action with respect to sale of goods and services are governed by Art.14 r/w Art.113 of Limitation Act - Sale of goods and services more or..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for specific performance - No time specified for sellers to execute sale deed - Period of limitation of 3 years as per Art.54 of Limitation Act, thus, start from the period when plaintiff noticed that performance is refused - Suit filed within said period of three years would..........
Specific Relief Act, 1963, Section 34, 20 -- Suit for declaration and specific performance - Limitation - Agreement to sell executed in the year 1992 - Cause of action arose to plaintiff in the year 2000 upon execution of sale deed inter se between defendant no.1 and defendant no.2 - Suit of plaintiff filed within 3 years from the year 2000 thus, not barred by limitation,..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation and res judicata are arguable defences, which cannot be gone into at the stage of considering application U.O.7.R.11 CPC, - Moreover, suit not appears from statement of plaint to be barred by law - Application rightly rejected...........
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 rejected, as suit is filed..........
