Civil Procedure Code, 1908, Section 153A -- Application to correct mistake in Khewat and Khasra numbers in the judgment and decree - Relief being sought against property - Nature and character of suit will not change by virtue of amendment - Only relief being sought to correct mistake in Khewat and Khasra numbers - No question of limitation arises...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Question of limitation - Raised before trial Court - Non consideration of question - Failure in the discharge of duty - Concurrent findings not based on legal evidence - Second appellate Court can interfere...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Delay - Condonation - Service of summons U.O.5.R.17 - Non compliance of R.19 of O.5 - Exparte decree set aside after condoning delay...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Cheque - Dishonoured - Limitation - Limitation to file complaint is one month from accrual of cause of action - This being a special provision, the general provisions of S.468 Cr.P.C. regarding limitation not applicable. (Criminal Procedure Code, 1973, S.468)...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Subsequent events - Defendant in violation of the order of the Court and their own statement made in the Court, raised illegal construction on the 3rd floor of the house - After considerable period application filed - If an amendment is barred by limitation the issue will have to be gone into after the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit based on inheritance filed within limitation - Amendment sought that son of defendant was not heard of for 7 years and presumed to be dead - Amendment does not alter the character of suit - Amendment allowed...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, Limitation Act, 1963, Section 5, Article 120, 121 -- Substitution of L.R's - Delay - Condonation - Limitation for making application 90 days - Article 121 provides period of 60 days to make application to set aside abatement from date suit or appeal abates - Thus application for substitution with prayer for setting aside..........
Civil Procedure Code, 1908, Section 9 -- Sale deed - Suit for cancellation - Relief for possession of agricultural land and injunction also claimed - Main relief being cancellation of sale deed - Plea of limitation liable to be decided on evidence - Held, suit before civil Court is maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 3-A, Limitation Act, 1963, Section 5 -- Appeal - Delay - Condonation - Appeal presented after expiry of period of limitation - Application for condonation of delay filed subsequent to filing of time barred appeal - Court below cannot be said to have committed any jurisdictional error in considering the application for condonation..........
Civil Procedure Code, 1908, Order 41, Rule 3-A, Limitation Act, 1963, Section 5 -- Appeal - Delay - Condonation - Where decree appealed against was delivered by Court without notice to party, limitation for party to prefer appeal is to be counted from date on which he got knowledge of decree - It is valid ground for condonation of delay...........
