Civil Procedure Code, 1908, Section 115, Order 14, Rule 2 -- Preliminary issue - Bar to suit - Power of trial Court to dispose - Plea of limitation - If a bar to suit is created by any law for the time being in force, it would be within the power of trial Court to dispose of such suit on that issue by trying that issue first...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468, 472 -- Complaint u/s 12 of PWDV Act - Limitation - Wife subjected to domestic violence soon after her marriage and continued even till the year 2014 - Complaint filed in the year 2014, itself cannot be said to be barred by S.468 Cr.P.C, as it is a case of..........
Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Article 137 -- Ex parte proceedings - Setting aside - Limitation - No period of limitation is prescribed for setting aside ex parte proceedings - When no limitation is prescribed then it is Art.137 which applies and limitation for an application U.O.9.R.7 CPC is three years from the date of accrual of cause..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by law - Suit for cancellation of sale deed and permanent injunction - Plaintiffs got knowledge of sale deed at least in the year 2007 and suit was filed in 2011 - Suit filed after three years from date of plaintiffs got knowledge of sale deed is thus, barred by limitation - Plaint rejected...........
Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Article 137 -- Ex parte order - Setting aside - Limitation - No limitation is prescribed for filing application to set aside ex parte order - In such a case it is Article 137 applies which prescribes period of limitation of three years when the right to apply accrues...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 9 -- Condonation of delay - Delay of 2170 days in filing application U.O.9.R.9 CPC - Petitioners not explained each and every day's delay - Sufficient cause to condone delay thus, not shown - Delay not condoned - Application dismissed...........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 19 -- Second appeal - Maintainability - First appeal dismissed in default - Prayer for re-admission of appeal along with application for condonation of delay, rejected as the same was barred by limitation - If application seeking condonation of delay is rejected, then such decision cannot be appealable - Only remedy..........
Criminal Procedure Code, 1973, Section 470(2), Indian Penal Code, 1860, Section 500, 501 -- Limitation - Exclusion of time - Period of stay granted by Court is to be excluded from limitation period...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Until limitation period for filing an appeal is over, res remains sub judice - After limitation period is over, res decided by first Court would then become judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where period of limitation for filing an appeal not yet expired or has just expired, Court hearing second proceeding can very well ask party who lost first round whether he intends to appeal and if answer is yes, then it would be prudent to adjourn or stay second proceeding in order to wait outcome of appeal in first..........
