Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Suit filed against dead person - Impleadment of LRs of deceased defendant - Order allowing impleadment, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for injunction - Plaintiff wanted to execute oral agreement to sell - Suit was time barred - Plaintiff instead of filing suit for specific performance regarding so called oral agreement had simply filed suit for injunction which is not maintainable - Suit dismissed...........
Agreement to sell -- Refund of advance amount - Previous agreement executed between parties was cancelled and a fresh agreement was executed - Condition was clearly mentioned in the fresh agreement that defendant No.3 had filed several revenue suits, and duty was cast on defendant Nos.1 and 2 to get the dispute resolved by adjudication of these suits and if these suits..........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 2, 3 -- Dismissal of suit in default U.O.9.Rr.2, 3 CPC - Res judicata - An order of dismissal of a suit or application in default U.O.9.R.2 or U.O.9.R.3 CPC is neither an adjudication or a decree nor it is an appealable order - If that is so, such order of dismissal of a suit U.O.9.R.2 or U.O.9.R.3 CPC does not fulfill..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration of title and permanent injunction - Limitation starts from date of knowledge - Time starts when defendant has filed objection before Tehsildar for amendment of record on 10.07.2010 - Plaintiff who is in possession of said land, filed suit for declaration and permanent injunction on 9.10.2013 is not..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for possession and permanent injunction - Suit filed after an unexplained delay of nearly 37 years from the date of alleged dispossession or encroachment - Cause of action as pleaded having arisen in 2008 on the basis of demarcation - Mere demarcation cannot give rise to a fresh cause of action so as to override the..........
Limitation Act, 1963, Article 109 -- Limitation - Partition suit filed by plaintiff on attaining majority by invoking Art.109 of the Act, without getting sale deed executed by his father, set aside is not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that suit land is agricultural land, so civil court has no jurisdiction - Suit filed by plaintiff is not regarding agricultural land - Plaintiff asserted that dispute is qua agreement executed between them and defendants had not complied with the terms of said agreement and without complying with..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Cause of action for suit first arose on 04.02.2014 and lastly on 21.10.2014 - Suit was filed on 21.11.2017 - As such on the own averments of plaintiff, suit was instituted beyond limitation attracting O.7.R.11(d) CPC - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Cause of action for suit first arose on 04.02.2014 and lastly on 21.10.2014 - Suit was filed on 21.11.2017 - As such on the own averments of plaintiff, suit was instituted beyond limitation attracting O.7.R.11(d) CPC - Plaint rejected...........
