Arbitration and Conciliation Act, 1996, Section 11, 42 -- Appointment of arbitration - Limitation - Petitioner despite the work being concluded on 2000 did not attempt to raise a bill or initiate arbitration proceedings till 2022, when a notice requiring commencement of arbitration proceedings was first issued - High Court erred insofar as finding failure on the part of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Succession Act, 1925, Section 372, 373 -- Succession certificate - Minor a legal heir not impleaded as a party and steps not taken to ensure appointment of a lawful guardian - On publication of public notice minor could not get himself impleaded as a party and raised objections being legally incapacitated from taking such steps..........
Limitation Act, 1963, Section 136 -- Execution - Limitation - Starting point of limitation - Appeal filed against decree dismissed in default - It still gives rise to a fresh starting point of limitation for execution of decree even if such dismissal is for reason of non prosecution...........
Mutation -- Application for mutation filed after more than 45 years on the basis of sale deed - Mutation should not be allowed although there is no limitation for filing mutation application but filing of mutation application after more than 45 years, creates doubt about document in question...........
Mutation -- There is no limitation for filing mutation application...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against first wife - Setting aside - Death of husband - Husband solemnized second marriage after ex parte divorce decree against first wife - He died after some time - Second wife and children from second marriage got impleaded in setting aside application - Second wife was stranger to proceeding -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against first wife - Setting aside - Death of husband - Husband solemnized second marriage after ex parte divorce decree against first wife - He died after some time - Application for setting aside ex parte decree filed more than 30 years after date of decree but soon after death of deceased was not..........
Limitation Act, 1963, Section 5 -- Scope - Power u/s 5 Limitation Act can be exercised by Court and not by other authorities...........
Limitation Act, 1963, Section 5 -- Applicability of S.5 of the Act to Registration Act - Office of Registrar, Additional Registrar or Sub Registrar may not be treated as a Court - Accordingly provision contained in S.5 of the Act shall not be applicable in a proceeding under Registration Act...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has failed to produce any evidence to rebut presumption of proper service - He failed to discharge initial burden - There was thus, no obligation on plaintiffs to produce process server as a witness - Suit remained pending from 2008 till 2022, when ex-parte decree was passed -..........
