Civil Procedure Code, 1908, Order 9, Rule 13 -- Arbitration award - Objections within 30 days not filed - Decree passed - Amounts to exparte decree - Application to set aside exparte decree - Delay - Condonation - Within period of limitation counsel instructed to file objections under S.33 - Delay in preparing objections by counsel - Delay of 12 to 13 days in preparing..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Defendant sought to be restrained from demolishing the compound wall - During pendency of suit compound wall alleged to be demolished by defendant - In view of the subsequent developments amendment of plaint sought for adding paras 8(a) to 8(f) - Held, the dominant purpose of allowing the amendment is..........
Adverse possession -- Ejectment order - Mere passing of ejectment order neither causes dispossession nor discontinuation of possession - It is actual dispossession which breaks continuity of possession. (Limitation Act, 1963, Art.65)...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Relief of possession sought in the alternative by way of amendment of plaint - There is no limitation for filing the suit for possession on basis of title - Defendant can defeat the claim only if he pleads and proves his adverse possession by lapse of statutory period of 12..........
Limitation Act, 1963, Section 7 -- Compromise recorded on 12.4.1960 and no execution proceedings initiated till 11.4.1964 - New Act came into force w.e.f. 1.1.1964 - Execution under the new Act not maintainable - Limitation Act is not retrospective...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Sufficient cause - Summons not duly served - Summons report also not made available to Court till date appellants were proceeded ex parte - Hence they could not get knowledge as to pendency of suit till date of execution of warrant of possession - Plaintiff also played fraud in obtaining ex parte decree - Held, in..........
Agreement to sell -- Suit for specific performance - Relief of specific performance - Relief of specific performance can be denied if suit is filed on the last day of limitation...........
Motor Vehicles Act, 1988, Section 166(3) -- Claim petition - Limitation - There is no limitation for filing petition after coming into force of Amendment Act, 1994 w.e.f. 14.11.1994 - Benefit of amending Act can be extended retrospectively to pending claim cases where plea of limitation is taken - Award passed prior to amendment - Appeal against it pending when amendment..........
Negotiable Instruments Act, 1881, Section 142 -- Limitation - One month from the date of accrual of cause of action - Cause of action arises when 15 days time given to drawer to make payment expires and payment is not made...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - When barred by limitation - Court is not powerless to grant amendment...........
