Limitation Act, 1963, Article 59 -- Limitation - Suit for joint possession and that sale deed in question is null and void - Suit filed after a period of more than three years from the date of knowledge of sale deed, is time barred - Suit dismissed being barred by limitation. ( Para 8)..........
Agreement to sell -- Specific performance - Relief of specific performance cannot be denied to plaintiff merely on the ground that suit is filed after a period of one year from date of sale deed executed in favour of subsequent purchaser by defendant, particularly when suit is filed within limitation prescribed. (Specific Relief Act, 1963, S.20)...........
Land Acquisition Act, 1894, Section 18(2)(As -- Reference - Limitation - Appellants accepted compensation under protest on point of sufficiency of compensation - Specific request for reference u/s 18 of the Act, indisputably made within six months, as required u/s 18(2) of the Act - Request of reference made on proper application...........
Limitation Act, 1963, Article 54 -- Limitation - Specific performance - Agreement executed in 1974 - However, specific performance of agreement sought in 1985 - Relief sought beyond period of 3 years from date of notice of repudiation, held, barred by limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Issue of limitation is a mixed question of law and fact - Same can only be decided after framing issue raised in this regard during course of trial - Plaint cannot be rejected on the ground that plaint is barred by limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Defendant in his application not indicated a word as to under which provision of law, suit is barred - Vague application U.O.7.R.11 CPC is filed - Even otherwise, plaint cannot be rejected, merely on the ground of limitation - Application dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5, Article 123 -- Ex-parte decree - Setting aside - Condonation of delay - Limitation would reckon from date when ex-parte decree is passed by Court and not from date of knowledge of ex-parte decree - If the delay is explained to the extent that applicant was unaware of happenings in suit, Court..........
Arbitration and Conciliation Act, 1996, Section 2(1)(c), 34 -- Interim award - Disposal of issue of limitation finally between parties by arbitrator amounts an interim award within meaning of S.2(1)(c) of the Act and being subsumed within expression arbitral award - Said interim award can be challenged separately and independently u/s 34 of the Act...........
Limitation Act, 1963, Article 109, 59 -- Limitation - Alienation by father - Challenge by daughter - A member of family can challenge alienation by father within twelve years - It does not restrict that only a son can challenge alienation - Plea that son can challenge alienation within twelve years as per Article 109 and daughter has to challenge alienation within three..........
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 59 -- Amendment of plaint - Time barred relief - Cancellation or setting aside an instrument - Suit for declaration to be filed within three years of execution of said document or within three years of date of knowledge - Documents mentioned in written statement - Amendment not sought within three..........
