Adverse possession -- Party in possession claiming possession under gift deed which has not been proved and making alternative plea of adverse possession - In absence of proof that party has disclaimed his right under gift deed and asserted possession under title hostile to knowledge of owner within statutory period and that owner acquiesced to it, he cannot succeed to..........
Limitation Act, 1963, Article 123, 137 -- Where order is not `decree', limitation of 30 days is not attracted - In absence of separate limitation prescribed in respect of `order' residuary Article 137 is attracted - Exparte order passed on 13.12.1994 by District Judge under S.32 of State Financial Corporations Act, 1951 - Application filed on 29.5.1995, for setting aside..........
Adverse possession -- Limitation of 12 years begins to run from the date of defendant's interest becomes adverse to the plaintiff..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Liberal approach to be adopted - Courts while dealing with the question have to adopt rational common sense approach - Too much rigour of the law is not justice but the denial of it - Duration of delay is insignificant - The Court has to take into account whether there is acceptable explanation or pardonable..........
Limitation Act, 1963, Article 120, Civil Procedure Code, 1908, Order 22, Rule 4(5)- -- Limitation - Starts to run from the date of death of the party and not from the date of knowledge of death...........
Civil Procedure Code, 1908, Section 153A -- Court can correct mistake in decree as well as in pleadings at any time - No period of limitation prescribed...........
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...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Computing period of limitation - Day on which cause of action arises is to be excluded - In the instant case notice served on accused on 29.9.1995 and complaint filed on 15.11.1995 - Held, complaint filed is within time as 15 days notice period expired on 14th October and cause of action for filing..........
Limitation Act, 1963, Section 19 -- Acknowledgment - Limitation - Pronote dated 12.10.1986 - Suit filed on 15.10.1989 - Payment of Rs.11, 400/- averred towards suit claim to bring suit within limitation - Burden is on plaintiff to show that payment is towards suit claim - Defendant alleging payments towards chit transaction - Date of last payment not stated by plaintiff -..........
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...........
