Civil Procedure Code, 1908, Order 7, Rule 6, Limitation Act, 1963, Section 17 -- Exemption from limitation - Pleading - It is necessary that plaint should show ground upon which exemption from normal period of limitation is claimed...........
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...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Suit filed after a lapse of 28 years from the date of execution of agreement - Plaintiff stated in his plaint that he continued to pursue the agreement but on denial of defendants registered notice was given to them in the year 2020 - He thus, created cause of action for..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed had to be filed within 3 years of execution of document - Contention of plaintiffs that they came to know regarding sale deed dated 25.10.1985 on 17.9.2015 not tenable as sale deed was executed by co-tenants who were brother and relatives of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Question of limitation is a mixed question of law and fact - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Limitation - No period of limitation is prescribed either in CPC or in Limitation Act for making an application for amendment of pleadings - O.6.R.17 CPC permits a party to alter or amend his pleadings at any stage of the proceedings...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Accused will be discharged only on following grounds : (i) Where evidence produced is not sufficient; (ii) Where there is no ground for proceeding against accused; (iii) Where no sanction has been obtained; (iv) Where prosecution is clearly barred by limitation; (v) Where he is precluded from proceeding because of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Rejecting plaint where substantial factual disputes exist concerning limitation and scope of authority under Power of Attorney, is legally unsustainable...........
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..........
