Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Where plaintiff claims accrual of cause of action on the basis of definite pleadings, question with regard to limitation, which is mixed question of law and facts, has to be decided by Court on the basis of evidence to be led by parties, after framing issues - Question of rejection of..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for cancellation of gift deed - Contentious issue between parties regarding plaintiff's entitlement for exclusion of period during which earlier suit remained pending, which is a mixed question of law and fact - To be decided by Court on the basis of evidence to be led by..........
Limitation Act, 1963, Section 4, Civil Procedure Code, 1908, Order 7, Rule 11 -- Last date of filing suit was a winter holiday - Courts opened on a non working Saturday - Suit filed on Monday - Suit, held, not within limitation - Non working Saturday is not a holiday for the Registry and there is no question of confusion, though such confusion also cannot save limitation..........
Limitation Act, 1963, Section 4, Civil Procedure Code, 1908, Order 7, Rule 11 -- Last date of filing suit was a winter holiday - Courts opened on a non working Saturday - Suit filed on Monday - Suit, held, not within limitation - Non working Saturday is not a holiday for the Registry and there is no question of confusion, though such confusion also cannot save limitation..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 114 -- Condonation of delay - Delay of 245 days in filing review petition - No good ground made out by petitioners/State for condoning delay - Bureaucratic lethargy or moving of files from one level to another cannot be considered as sufficient explanation - Even if some latitude is required to be given..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Challenge to sale deed - Proposed amendment to add particulars as to sale deed - Amendment sought clarificatory in nature - Suit filed in the year 2011 and amendment sought and allowed in the year 2015 not barred by limitation - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside ex-parte decree - Condonation of delay of 102 days in filing application - Court dismissed application filed u/s 5 of 1963, Act and ordered delivery of property on the very same day without granting time to petitioner to move to higher Forum - Prima facie, when termination of..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Execution - Auction sale - Delivery of possession - Limitation - One year period starts to run from the date on which sale becomes absolute, notwithstanding the non issuance of sale certificate or pendency of a claim petition U.O.21.R.58 CPC - Grant or production of sale certificate is not..........
Civil Procedure Code, 1908, Section 80, Limitation Act, 1963, Section 15(2), Article 55, 113 -- Suit against government - Exclusion of notice period - Notice given within the period of limitation to file the suit - Suit instituted immediately after expiry of statutory notice period - Suit is filed within period of limitation...........
Civil Procedure Code, 1908, Section 96, Limitation Act, 1963, Section 5 -- Appeal - Delay of 25 days in filing appeal - Condonation of delay - Appeal allowed first and as a consequence delay condoned - Procedure adopted by lower appellate Court is strange - Unless delay is condoned, appellate Court does not get jurisdiction to decide appeal on merits - Impugned order of..........
