Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff claimed to be owner of 1/2 share in the suit property - By way of first amendment share claimed to be 2/3rd - After 12 years by way of present application plaintiff claimed to be exclusive owner of property in question - Amendment sought besides being highly belated is barred by limitation and..........
Limitation Act, 1963, Article 65 -- Suit for possession - Limitation for filing suit for possession is 12 years when possession of a defendant becomes adverse to the plaintiff - Suit for possession cannot be dismissed as barred by limitation if not filed within 12 years from the date of dispossession...........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 58 -- Rejection of plaint - Suit for declaration that plaintiff is owner of suit property and for cancellation of sale deed executed by defendant Nos.2 to 4 in favour of defendant No.1 - Plaintiff himself is claiming declaration by pleading that cause of action accrued to him for the first time in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit barred by limitation - Word `law' in O.7.R.11(d) includes the law of limitation as well - Suit barred by limitation - Plaint rightly rejected...........
Limitation Act, 1963, Article 58 -- Challenge to sale deed - Sale deed executed on 03.02.1992 and mutation was sanctioned on 30.03.2002 - Suit property as well as other properties to suit had already been partitioned - Plaintiff filed suit challenging sale deed in the year 2008 - Suit barred by limitation - Contention of plaintiff that cause of action had arisen in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - Suit for specific performance of an oral agreement to sell - Plaint does not disclose any clear cause of action - Clever drafting methodology used to create semblance of cause of action - Plaint alleged to be barred by limitation being filed after lapse of period of 3 years from date of..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Time barred suit - There is no provision in Limitation Act for condoning delay in filing suit...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Applies to the stages subsequent to institution of a valid suit and those proceedings which are construed as continuation of suit and not for seeking condonation of delay in filing a time barred suit...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Powers of court - Suit whether barred by limitation or not, is a mixed question of fact and law - Court cannot exceeded its jurisdiction by entering into merits of case nor can travel beyond statement in plaint - Held, rejection of plaint on ground that suit is barred by limitation is not proper...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Court is not bound to reject an application for amendment if a fresh suit on the amended claim would be barred by limitation...........
