Civil Procedure Code, 1908, Order 6, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 1 -- Suit for recovery of money - Suit filed after expiry of limitation - Plaint not containing any pleading that there was a document of confirmation executed within limitation of suit which extends limitation - In absence of such pleading, suit has to be treated as time barred...........
Limitation Act, 1963, Article 36 -- Loan amount agreed to be paid in instalments - Failure to pay the instalments due on 31.3.1983 & 31.3.1984 - Suit filed on 31.3.1986 for recovery of the amounts due suit is not barred by limitation...........
Limitation Act, 1963, Article 113, Punjab Municipal Corporation Act, 1976, Section 67 -- Starting point of limitation for recovery of amount of enhanced assessment deposited under protest - Not from date of order - Limitation starts from the date amount deposited under protest - Suit for recovery within 3 years from deposit - Within time...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint a second time in a suit for recovery of earnest money and damages for no, performance of agreement of sale - Amendment to add that plaintiff were always and are still ready and willing to perform their part of agreement and addition of relief of specific performance of agreement of sale when limitation for..........
Limitation Act, 1963, Article 113 -- Suit for recovery of amount paid under a mistake - Money paid under a mistake of law comes within word 'mistake' in Section 72 of Contract Act - No question of estoppel when mistake of law common to both person making payment and authority - Right to sue accrues when mistake discovered - Suit can be filed within a period of 3 years when..........
Haryana Public Premises (Eviction and Rent Recovery) Act, 1972 -- Whether contrary to provisions of Article 112 of Limitation Act - Haryana Act and Limitation Act deal entirely with different matters and cover different fields - Suit for recovery of land by State has to be filed within 30 years whereas under Haryana Act proceedings can be taken at any time - Haryana Act..........
Limitation Act, 1963, Section 17(1)(c) -- Suit for recovery of money paid under mistake of law - Limitation for - Mistake of law becomes known to the party only when a Court makes a declaration as to invalidity of the law - Even with reasonable diligence, it is seldom that a person can discover a mistake of law before a judgment adjudging the validity of law - Plaintiff..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 7 - - Scope of - Word 'payable' in Section 7 - Means "legally recoverable" - Any amount barred by law of limitation - Cannot be held 'payable' - Recovery of rent beyond three years i. e. barred by limitation - Not permissible under Section 7 - Estate Officer cannot ignore existing law - Section 7 does..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment sought time barred - Cannot be allowed - In a suit by the plaintiff for a mere declaration that he was the purchaser of the truck from tie defendant and amendment of the plaint introducing a new claim for recovery of the price of the truck held could not be allowed as the claim was barred by limitation at the date..........
