Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Plea of adverse possession can only be set up as a defence in an action brought against defendant by plaintiff - Pleas are in factual matrix - Possession of respondents for twelve years due to failure of petitioner to file execution petition in itself does not amount to adverse..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint u/s 12 of the Act - Quashing of complaint - Barred by limitation - Non-providing of maintenance is a continuous cause of action - Even if for 3 years wife did not claim maintenance for herself or for child, same would not debar her from seeking maintenance u/s 12 of the Act - Complaint held,..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Leave U.O.2.R.2(3) - Agreement to sell - Suit for permanent injunction - Right to file separate suit for specific performance reserved - Court allowing application U.O.2.R.2 CPC - Cause of action for both the suits are different - In case of suit for injunction plaintiff is required to make out the existence of prima facie..........
Limitation Act, 1963, Section 22, Article 113 -- Limitation - Suit for rendition of account and repayment of excess money - When interest/commission is allegedly charged illegally on each discounted cheque/draft the same is not a case of continuous cause of action falling u/s 22 of the Act - Each entry towards alleged illegal interest is a cause of action for seeking..........
Limitation Act, 1963, Section 22 -- Continuing wrong - In case of continuous tort, fresh period of limitation begins to run at very moment of time when such tortuous act is committed by other side - Complainant gets a fresh cause of action to come to Court by appropriate proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought claiming alternative relief of recovery of possession - Proposed amendment will completely contradict plea of plaintiff that he has been in continuous possession and enjoyment of suit property since 1976 - Amendment would change the nature..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Cause of action for filing suit for permanent injunction based on threat to dispossess - Cause of action to file suit for specific performance based on non performance of agreement despite giving legal notice..........
Adverse Possession -- One who claims his title on the basis of adverse possession, must show by clear and unequivocal evidence that his title was hostile to real owner and amounted to denial of his title to the property claimed - Such possession in denial of the true owner's title must be peaceful, open and continuous - Possession must be open and hostile enough to be..........
Torts -- Claim for damages for libel - Defamatory article - First published in print media and then on website - Continued residing of defamatory material or article on the website does not give continuous cause of action to plaintiff to sue for defamation/libel - However, if there is re-publication resorted to by the defendant - with a view to reach different or larger..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20, 22 -- Domestic Violence - Wife driven out of matrimonial home prior to commencement of Act, 2005 - Held, deprivation to benefits of matrimonial home amounts to economic abuse and it generates continuous cause of action - She is entitled to move application u/s 12 of the Act...........
