Civil Procedure Code, 1908, Order 9, Rule 8, 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Plaintiff is not disclosing his source of information and date of knowledge about impugned order from whom he found that suit is dismissed for default - Therefore, Court can draw an inference that plaintiffs had knowledge..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - When there was a specific averment in plaint with respect to suit being within limitation from the date of knowledge, it was not a case for rejection of plaint U.O.7.R.11 CPC at the stage of registration...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Questions relating to starting point of limitation and reckoning date of knowledge of essential facts, which form basis of cause of action, would have to be held to be triable issues and a suit cannot be dismissed at the threshold or upon an application U.O.7.R.11(d) CPC in..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Where date of knowledge has been specifically pleaded in the plaint and forms the basis of accrual of cause of action, issue of limitation cannot be decided at the threshold - Question of limitation, in such a situation, would be a mixed question of fact and law, which would..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had claimed relief of joint possession - Sale deed in question was void - Plaintiff could not be said to have executed sale deed - Therefore, plaintiff could indeed have maintained an action to obtain possession of property on the basis of her title..........
Limitation Act, 1963, Article 110 -- Limitation - Partition suit - Plea of ouster - If the Co-sharer in possession, raises the plea of ouster or bar u/art 110 of the Act, it is incumbent on such co-sharer to prove that exclusion was to the knowledge of other co-sharers - Exclusion should be proved by tangible evidence - One cannot infer exclusion from enjoyment of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that Will, sale deed and gift deed is null and void - Plaintiff admittedly had knowledge of Will dated 08.08.1962 - Contention of plaintiff that cause of action accrued in 2023 is not true - In the year 2024 by way of suit, he wanted to challenge so called will..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Barred by limitation - Counter claim has been filed for cause of action arose much before filing of suit but knowledge of defendant accrues from plaint itself - Trial Court accepted written statement but on account of deficient Court fees permitted defendant to pay deficit Court fees and allowed prayer of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Limitation - Defendant was duly served and even filed written statement - Limitation for moving application for setting aside ex parte decree U.O.9.R.13 CPC thus, to commence from date of ex parte decree and not from the date of alleged knowledge...........
Limitation Act, 1963, Section 17 -- Limitation - Fraud - Fraud relating to sale transaction itself would not help plaintiff in getting over plea of limitation - To get over plea of limitation, plaintiff should have been kept out of knowledge of his right to sue by means of fraud...........
