Limitation Act, 1963, Section 22 -- Continuing breach of contract - Non-performance of an obligation of opponent based on contract between parties cannot be said to be a continuing breach so that a fresh period of limitation can be said to begin to run at every moment of time during which breach continues - Liability to perform obligation begins when contract is made - At..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Prior partition of suit land by metes and bounds alleged by defendant - Burden is on defendant to prove prior partition - Defendant rightly directed to begin first...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for defamation - Defendant denied allegation of defamation made against him - Plaintiff has to prove his case - Defendants not required to begin with the evidence first - Thus, plaintiff is rightly directed to begin with his case...........
Agreement to sell -- Suit for specific performance - Limitation - Sale deed was to be executed within six months of execution of agreement - Suit filed after seven years of execution of agreement - "Date fixed for the performance" in Art.54 Limitation Act means there is a definite date fixed for doing a particular act - There is no question of finding out the intention..........
Civil Procedure Code, 1908, Order 18, Rule 1, 2 -- Right to begin - Partition suit - Plea of defendant of previous partition - Burden is on defendants to prove previous partition - Only when defendants lead some evidence in proof of previous partition, plaintiff would be obliged to lead evidence in rebuttal - Application of plaintiff for a direction to defendant to begin..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for partition - Defendant taking plea of previous partition - Defendant will lead evidence first and thereafter plaintiff will lead evidence in rebuttal - Defendant is to lose if neither party adduces evidence...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Plaintiff claiming 1/4th share in suit property by alleging that property was acquired from joint family nucleus - Defendant however, pleaded self acquisition - Burden lies on plaintiff who asserts that there was nucleus with which the Joint family property was acquired - Plaintiff directed..........
Civil Procedure Code, 1908, Order 18, Rule 1, 3 -- Right to begin - Specific denial of fact by defendant - Plaintiff held, duty bound to begin first...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - When parties to suits are placed on equal footing and both the parties to suits are not prepared to waive their right to begin the case, then it shall be decided by Court as to who is to lead evidence at the first instance in proof of his case...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Both the parties claiming on the basis of Will in their favour - Joint trial of two suits filed by each party ordered - Court rightly directed plaintiff who filed suit earlier in point of time to lead evidence in proof of his case in consonance with O.18.R.1 CPC - No interference warranted - Petition..........
