Registration Act, 1908, Section 17, 23 -- Court decree - Registration - Court decree is not compulsorily registerable - Option lies with the party - Time limit stipulated u/s 23 of the Act has no application to a Court decree - Order refusing to register decree being barred by limitation set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Article 14 -- Impleadment of a party - Limitation - Suit for price of goods sold and delivered - `H' was impleaded as plaintiff No.2 - However, order does not reveal that newly impleaded plaintiff shall effect from the date of institution of the suit - Thus, limitation will begins to run from the date of..........
Hindu Marriage Act, 1955, Section 15, Contempt of Courts Act, 1971, Section 2(b) -- Remarriage by husband during pendency of appeal filed by wife within limitation against decree of divorce - Notice of appeal not served on husband - Nothing on record to show that husband made any effort to find out as to whether any appeal had been filed or not - Conduct of husband amounts..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 696 days in filing appeal - Partition suit - Delay is about 1 year and 9 months - If indeed appellant/defendant really suffered on account of judgment and decree of trial Court, he would have taken steps to file appeal in time - Although plaintiff sought 1/3rd share..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 19 -- Condonation of delay - Delay of 176 days in filing application for restoration of appeal dismissed in default - Delay of 176 days cannot be said to be an inordinate delay, more so when matter relates to first appeal - Appellants having lost before trial Court ought to have fair and reasonable..........
Punjab Land Revenue Act, 1887, Section 45 -- Revenue records - Correction of entry of mortgage in revenue record - Period of limitation - S.45 of the Act does not provide for any limitation - Limitation for a suit for declaration praying for correction of entry does not begin to run from the date a wrong entry has been made in revenue record, unless there is some over act..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration of ownership - Limitation would not be arrested in case title is asserted on the basis of inheritance...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, Limitation Act, 1963, Section 5, Article 123 -- Ex-parte decree - Setting aside of - Limitation - As per Explanation provided to Art.123 of Limitation Act, period of limitation would commence from date of knowledge of decree when defendant is served U.O.5.R.20 CPC - In the instant..........
Hindu Marriage Act, 1955, Section 13, 9, 21, 23A, Civil Procedure Code, 1908, Order 8, Rule 6A -- Divorce - Counter claim to seek relief under the Act of 1955 - There is no period of limitation prescribed for filing counter claim in proceedings under Hindu Marriage Act - It is S.23-A of the Act of 1955 which is applicable for seeking counter claim as such O.8.R.6-A CPC is..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside of ex-parte decree - Delay of 920 days - Condonation of delay - JD already aware of ex-parte decree - No satisfactory explanation for said long delay - Delay not condoned...........
