Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Delay of 469 days - Applicant came to know for the first time about ex parte decree when notice in execution was served on him - Trial Court set aside exparte decree after condoning delay - High Court in revision set aside the order of trial Court - Appellant..........
Consumer Protection Act, 1986, Section 15 -- Appeal - Limitation - Condonation of delay - Sufficient cause - Any cause which prevents a person from approaching the Court within time is `sufficient cause' - In doing so, it is the test of a reasonable man in normal circumstances which has to be applied...........
Adverse possession -- Means a hostile possession i.e. possession in denial of the title to the true owner - To claim adverse possession the possession must be actual, physical, exclusive, hostile and continuous during the statutory period of limitation...........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Limitation - Three years - `Date fixed for performance' - Phrase refers not only to calendar date fixed expressly by parties, but also to date fixed with reference to future even which is certain to happen...........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Limitation - Sale deed to be executed after repeal of existing law which prohibited sale of such land - Repeal of law cannot be taken as future event which is certain to happen even though law came to be repealed subsequently - Time of three years to file suit therefore starts to run from date when vendee..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Additional ground - As additional ground raised is question of limitation which involves substantial question of law, same is permissible...........
Consumer Protection Act, 1986, Section 15,(Proviso) -- Sufficient Cause - Meaning and scope - The expression `sufficient cause' deserves to receive a liberal interpretation, yet, a just and equitable balance has to be maintained between the right secured by the respondent as a result of the expiry of the prescribed period of limitation and the injustice of depriving the..........
Complicated questions of facts -- Point is as to whether the appellant had insurable interest in the vehicle in question on the date of theft - There are two different versions involving disputed questions of fact which cannot be satisfactorily gone into in the present proceedings which are summary in nature - District Forum rightly held that complex and complicated..........
Registration Act, 1908, Section 77 -- Sale deed executed - Entire consideration amount paid - Defendant failed to turn up for registration - Registrar declined to register sale deed - Two options available are - either to file suit u/s 77 Registration Act within 30 days of refusal or being a suit for specific performance of an agreement to sell within period of limitation...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice sent - On request of accused cheque against presented and again dishonoured - Notice sent again - Complaint on the basis of second notice - Barred by limitation - Complaint should have been filed on failure to make payment on issuance of first notice...........
