Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Limitation - Suit for declaration, partition and cancellation - In paragraphs 13 and 14 of the plaint, it is specifically stated by plaintiffs that the alleged will dated 17.06.2008 and gift deed dated 28.03.2005 came to their knowledge on receipt of a copy of the..........
Hindu Minority and Guardianship Act, 1956, Section 8, Limitation Act, 1963, Article 58, 65 -- Sale of minor's property by guardian - Property in possession of minor - Property included in the suit for partition filed by plaintiff on the basis of sale deed - It was only then that execution of alleged sale deed was disclosed to the minor - Minor had no cause of action to..........
Limitation Act, 1963, Article 58 -- Bar of limitation - Plaintiff filed suit for declaration of title on basis of sale deed - Defendant earlier had filed suit seeking partition but denying sale deed as set up by plaintiff - Held, cause of action for filing suit for declaration of title arose immediately on filing earlier suit by defendant - Suit for declaration ought to..........
Limitation Act, 1963, Article 59, Specific Relief Act, 1963, Section 31 -- When a deed of partition is required to be set aside u/s 31 of Specific Relief Act then Article 59 of Limitation Act applies - Limitation to set aside the same is 3 years - Since suit was filed after 3 years as such the same is barred by limitation...........
Limitation Act, 1963, Article 59, Specific Relief Act, 1963, Section 31 -- When a deed of partition is required to be set aside u/s 31 of Specific Relief Act then Article 59 of Limitation Act applies - Limitation to set aside the same is 3 years - Since suit was filed after 3 years as such the same is barred by limitation...........
Agreement to sell -- Specific performance - Suit for - Sale deed was to be executed after partition - Order of partition made on 16.11.1970 and Sanad Taqseem prepared on 20.4.1971 and mutation sanctioned on 15.6.1971 - Limitation to file suit starts to run on 15.6.1971...........
Hindu Law -- Partition suit by son - Coparcenary property - Alienation by father - Alienation for payment of antecedent debt not incurred for immoral or illegal purpose but incurred for family necessity - Suit filed maintainable without a prayer for cancellation of sale deed - Son entitled to question the validity and binding nature of sale deed without such a prayer -..........
