Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by Limitation - Plea of accrual of cause of action whether genuine and legitimate, is a mixed question of fact and law - Order rejecting plaint cannot be sustained...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - Accrual of cause of action for filing suit consist of bundle of facts - Factum of suit being barred by limitation is ordinarily a mixed question of fact and law - Even for that reason, invoking O.7.R.11 CPC is ruled out...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Question of limitation is a mixed question of fact and law which can only be determined conclusively after parties lead their evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (b) -- Rejection of plaint - Contents of plaint does not disclose that suit is barred by limitation - Lack of specific date of knowledge does not disentitle plaintiff to an opportunity to prove his case - It cannot be said that plaintiff has not disclosed date, month or year of crucial events - Plaint cannot be rejected -..........
Criminal Procedure Code, 1973, Section 167 -- Final report - S.167 Cr.P.C, cannot be construed as containing period of limitation for filing of final reports, as S.167(2) Cr.P.C does not bar filing of final report even after period specified therein...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Right of default bail is not affected by Supreme Court Order of extending limitation for filing cases in view of COVID-19 lock down - Denial of such right thus, definitely amount to violation of his fundamental right u/art 21 of Constitution of India - Petitioner held, entitled to default bail with conditions...........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - S.44-A CPC only enables District Court to execute decree as if decree passed by Indian Courts - Filing of an application u/s 44-A CPC therefore, will not create a fresh period for enforcing decree - S.44-A CPC has nothing to do with limitation...........
Civil Procedure Code, 1908, Section 44A, 13 -- Execution - Foreign decree - Limitation period for executing a decree passed by a foreign Court (from reciprocating country) in India will be limitation prescribed in reciprocating foreign country - However, this will be subject to decree being executable in terms of S.13 CPC...........
Civil Procedure Code, 1908, Section 44A, 13 -- Execution - Foreign decree - Limitation period - Period of limitation would start running from date decree was passed in foreign Court of a reciprocating country - However, if DH first takes steps-i, aid to execute decree in cause country and decree is not fully satisfied, then he can file a petition for execution in India..........
Civil Procedure Code, 1908, Section 44A, 13 -- Execution - Foreign decree - Party filing petition for execution of a foreign decree must also necessarily file a written application in terms of O.21.R.11(2) CPC - Without such an application it will be impossible for Court to execute decree - Such application for executing a foreign decree will be an application not covered..........
