Limitation Act, 1963, Article 65 -- Limitation - Suit for possession - Where a suit is for possession of immovable property or any interest therein based on title, limitation period is 12 years when possession of defendants becomes adverse to plaintiff...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing Special Appeal - Delay is inordinate and explanation offered is hardly an explanation which is certainly not an acceptable one and is not satisfactory as there is no sufficient cause shown by appellants for entertaining the appeal which has been filed with delay - Application for condonation of delay..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Considering plaint pleadings it cannot be said that period of limitation is a pure question of law - It is a mixed question of law and fact which cannot be considered for rejection of plaint barred by law - It requires evidence and proof during trial - Order of rejection of plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - When there was a specific averment in plaint with respect to suit being within limitation from the date of knowledge, it was not a case for rejection of plaint U.O.7.R.11 CPC at the stage of registration...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected U.O.7.R.11 CPC at the stage of registration neither on the ground of barred by limitation nor on ground of no cause of action...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Limitation - Period of limitation to file an application u/s 11(6) of the Act would start from 21.04.2018 i.e. 30 days from date of submission of bill, as submitted by appellant and an application for appointment of arbitration ought to be filed within 3 years from such date i.e. on or..........
Hindu Minority and Guardianship Act, 1956, Section 8(2) -- Sale of minor's property in contravention of Ss.8(1), 8(2) of the Act - Voidable transaction executed by guardian of minor can be repudiated and ignored by minor within time on attaining majority either by instituting a suit for setting aside voidable transaction or by repudiating the same by his unequivocal..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Where an application is made for rejection of plaint on the ground that suit is barred by law of limitation, it would be duty of Court to scrutinize the averments contained in plaint as a whole and on their face value to ascertain the bar of limitation and to take a decision..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Questions relating to starting point of limitation and reckoning date of knowledge of essential facts, which form basis of cause of action, would have to be held to be triable issues and a suit cannot be dismissed at the threshold or upon an application U.O.7.R.11(d) CPC in..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Rejection of plaint on the ground of limitation would not be legally sustainable unless the same is apparent from a plain reading of plaint averments and is to be derived on the strength of pleadings and evidence to be adduced by parties...........
