Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 52 days in filing appeal - When parties are litigating with regard to right over immovable properties, substantial rights were to be decide between parties - Delay could have been condoned and appeal could have been decided on merits - Impugned orders of appellate Court and High Court set aside - Delay..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 52 days in filing appeal - When parties are litigating with regard to right over immovable properties, substantial rights were to be decide between parties - Delay could have been condoned and appeal could have been decided on merits - Impugned orders of appellate Court and High Court set aside - Delay..........
Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage - Respondent sated that on 6.6.2017 for the first time she had knowledge of her child marriage with appellant which was solemnized by her parents under the pressure of uncle of her father - No evidence on record that prior to said date she had knowledge regarding her marriage - Petition u/s 12 of the Act filed..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Reading plaint in its entirety reveal that suit is barred by limitation even without considering case of defence - Order rejecting plaint, upheld...........
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - An application u/s 11 of Act of 1996 is governed by Article 137 of Limitation Act and must be made within three years from the date when the right to apply first accrues...........
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - Continuation of negotiations - Mere negotiations will not postpone "cause of action" for the purpose of limitation...........
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - Petition u/s 11(6) of the Act for seeking appointment of Arbitral Tribunal is required to be filed before High Court or Supreme Court, as the case may be and it is Art.137 of Limitation Act which would apply - Said period would begin to run..........
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - Claim for arbitration must be raised as soon as the cause for arbitration arises - Cause of arbitration arises when the claimant becomes entitled to raise the question, that is, when the claimant acquires right to require arbitration...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Barred by limitation - Where proposed amendment of pleadings amounts to only a different or an additional approach to same facts, such an amendment would be allowed even after expiry of statutory period of limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Barred by limitation - There is no absolute rule that in every case where relief is barred because of limitation, amendment should not be allowed - It is always open to Court to allow an amendment if it is of the view that allowing of an amendment shall really sub-serve the ultimate cause of justice..........
