Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1514 days in filing application for restoration of suit dismissed in default - Plaintiff pleaded that suit dismissed for default as he was in coma - However, plaintiff completely failed to produce any evidence with respect to his assertion that he was in coma, which prevented him from filing application for..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 63, 65 -- Second appeal - Suit for declaration - Validity of certified copy - Trial Court while decreeing suit had taken into consideration all materials on records including certified copy which were never challenged by defendant - No glaring illegality or..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Closure of - Plaintiffs filed the applications U.O.40.R.1 CPC and S.45 of Evidence Act, which was also dismissed - They did not file applications immediately on closure of their evidence or when case for first time was fixed for rebuttal evidence - Even otherwise, plaintiffs failed to make out a case for..........
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..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Questions sought to be raised by defendants are open to be raised by them by filing a written statement - Issue regarding limitation in filing suit remains a mixed question of law and facts - Obviously, contentious issues shall be adjudicated by Court on the basis of evidence to be led by parties -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Injunction suit - Averments in plaint clearly brings to fore not only cause of action but also threat perception of plaintiff that electricity and water connection would be disconnected - It cannot be discerned that suit in question is frivolous or does not show any..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Second appeal - Suit for declaration of title - Plea of adverse possession - As per oral and documentary evidence on record plaintiff has failed to establish continuous, uninterrupted and peaceful possession over the suit land - Claim of title by adverse possession held, not maintainable -..........
Transfer of Property Act, 1882, Section 122, Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 24 -- Gift - Photocopy of Gift Deed adduced into evidence and marked, as original Gift Deed was not available at time of adducing evidence - Defendant No.1 submitted Gift Deed on date of arguments - Held, according to Gift Deed Defendant No.1..........
Civil Procedure Code, 1908, Section 35B, Order 17, Rule 3 -- Dismissal of suit U.O.17.R.3 CPC - Non-payment of costs by plaintiff - Impugned order though makes reference of no, payment of Costs but trial Court not dismissed the suit on account of failure of plaintiff to pay costs by invoking S.35-B CPC - Court has not taken a serious view of failure of plaintiff to pay..........
Civil Procedure Code, 1908, Order 7, Rule 11, Benami Transactions (Prohibition) Act, 1988, Section 4 -- Rejection of plaint - Plea that suit is barred u/s 4 of Benami Transaction Act - Plea can be decided only when parties lead evidence and not at the stage of deciding application U.O.7.R.11 CPC - Application dismissed...........
