Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100, 151 -- Condonation of delay - Delay of 1889 days in filing second appeal - Suit for declaration and permanent injunction - Delay in the case is more than 5 years - No satisfactory or plausible explanation rendered, which might have been taken into consideration to condone delay - Moreover,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - Amendment sought to incorporate relief of declaration regarding canal - Plaintiffs had ample clue that defendants would be denying existence of canal - In spite of that plaintiffs chose to restrict their prayer for permanent injunction - There is serious lapse on part of plaintiffs to..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) - - Barred by limitation - Suit for declaration, permanent injunction, possession and for setting aside sale deed - Sale deed in question executed in 2009 - Suit filed in the year 2017 i.e after more than 8 years, while limitation for challenging registered sale deed is 3 years - Suit is barred by limitation - Plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for declaration and permanent injunction by private trust - Pleadings in plaint making out triable issues, which have to be proved by either party during trial by letting in evidence - Issue of limitation is also a mixed question of fact and law requiring proof - Court considering application to..........
Specific Relief Act, 1963, Section 38, 39 -- Injunction suit based on easementary right - Suit for mere injunction without seeking relief of declaration is not maintainable...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and permanent injunction - Restraining of defendants from interfering with peaceful possession of plaintiffs - Report of Amin establishes that plaintiffs and defendants were in occupation of their respective shares as per sale-deed - However, plaintiff proved continuous physical possession apart from..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate prayer in the suit for declaring Will null and void - Original suit filed for permanent and mandatory injunction and for declaration that plaintiffs are only legal heirs of deceased - In case amendment is allowed, it will change the nature of suit - Amendment not..........
Limitation Act, 1963, Article 59, Specific Relief Act, 1963, Section 34, 38 -- Limitation - Suit for declaration and perpetual injunction - Sale deed executed by defendant no.1 in favour of defendant no.2 during pendency of earlier suit of declaration filed by plaintiff - Question of limitation does not arise since sale deed was executed during pendency of suit property -..........
Specific Relief Act, 1963, Section 34, 38, Transfer of Property Act, 1882, Section 116 -- Suit for declaration of ownership - Seeking injunction against defendant claiming possession on basis of tenancy - Plaintiff claiming ownership on basis of entry in jamabandi and oral family settlement - Operation of S.116 of T.P. Act would confer legitimacy to possession of the..........
Civil Procedure Code, 1908, Order 21, Rule 26, 29 -- Stay of execution proceedings - Once judgment and decree passed in favour of predecessor-i, interest of DH has attained finality, execution of same cannot be stayed simply because another civil suit stands filed now by JDs for declaration and injunction against DH, that too same issue agitated which issue already stands..........
