Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of registered sale deed - Suit filed after 13 years of execution of sale deed - Plea of bar of limitation - High Court was not right in holding that limitation period commences from the date of registration itself - Judgment of High Court is unsustainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Question of limitation is a mixed question of fact - Since there is no undisputed evidence placed on record by defendant to prove that suit is barred by limitation, question of allowing application U.O.7.R.11 CPC does not arise - Only after trial, the issue whether suit is barred..........
Criminal Procedure Code, 1973, Section 378, Limitation Act, 1963, Section 5 -- Appeal against acquittal - Condonation of delay - There is hardly any acceptable explanation to condone huge delay of 1184 days in presenting appeal - Nothing is mentioned as to why State waited for 3 years to file appeal - Application for condonation of delay dismissed...........
Agreement to sell -- Specific performance - Limitation - No time is fixed in the agreement for performance of contract - In that circumstance, plaintiff would bring the suit when she had notice that performance is refused...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Non filing of appeal within limitation - Sufficient cause - It must be established that due to some event or circumstance, before the limitation expired, it was not possible to file appeal within limitation - No event or circumstance arising after expiry of limitation can constitute such sufficient cause...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Cannot be liberally interpreted, if negligence, inaction or lack of bona fides is attributed to the party...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1788 days in filing second appeal - Sufficient cause - Inordinate delay was not explained satisfactorily - No sufficient cause was shown for the same, and even no plausible reason was put forth by State - Application rejected...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Directions issued to State to streamline the machinery touching the legal issues, offering legal opinion, filing of cases before Tribunal/Courts, etc., fix the responsibility on the officers concerned, and penalize the officers, who is/are responsible for delay, deviation, lapses, etc., if any, to the value of loss..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file afresh - Limitation - Once the permission is granted to withdraw the suit with liberty to file fresh suit, law of limitation will apply only as if the very suit after granting permission by Court has been instituted afresh...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - O.8.R.1 CPC is not mandatory in non-commercial case - Even in an exceptional case it is required on the part of Court to record findings for accepting written submission beyond limitation...........
