Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - When question of limitation involves disputed facts or hinges on date of knowledge, such issues cannot be decided at the stage of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration along with consequential relief of injunction - Once date of knowledge is specifically pleaded and forms basis of cause of action, issue of limitation cannot be decided summarily - It becomes a mixed question of law and fact, which cannot be adjudicated at the..........
Central Civil Services (Pension) Rules, 1972, Rule 17 -- Pensionary benefits - Period of contractual service rendered prior to regularization of service of appellants must be counted towards payment of their pensionary benefits in accordance with R.17 of Pension Rules...........
Civil Procedure Code, 1908, Section 47 -- Execution - Arbitral award - Objection - Challenging appointment of an arbitrator for first time during execution proceedings is generally not permissible - Arbitration and conciliation Act provides specific timelines and procedures for challenging an arbitrator's appointment - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of execution petition for filing the same before appropriate forum - Absence of express liberty in the order cannot affect the period of limitation while decree holder specifically made a prayer for withdrawal of execution case for filing before appropriate forum for want of jurisdiction...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Restraining Municipal Authority from demolishing gate alleged to be constructed on road exclusively owned by plaintiff - Plea that approach road caters to needs of other inhabitants of area - Without their presence before Court, issues involved in suit cannot be..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Application should be moved on the first hearing - Since tenant was obligated to pay rent through pendency of proceedings as such an application U.O.15.R.5 CPC would be maintainable even at a belated stage...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of license fee - Defendant was in arrears of license fee and electricity charges w.e.f. 01.04.2018 and amount outstanding at the time of filing of application was Rs.4,72,936 - However, application was filed in October 2020 and even thereafter, almost 5 years have gone by and not even a..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant can raise counter claim against plaintiff either before or after filing suit, but before defendant has delivered his defence - Phrase "delivering defence" refers to presentation of written statement...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter-claim was filed more than a year after written statement - Delay in filing counter-claim was unexplained and unreasonable and trial Court rightly found that allowing it at this stage would prejudice plaintiff and prolong the proceedings - Moreover, record shows that defendants did not seek leave in..........
