Limitation Act, 1963, Section 27 -- Extinguishment of right to property - Partition suit - Plaintiff though contended that he is in possession of portion of property, however, no evidence led by him that he was in possession of suit property on the date of filing of suit - S.27 of the Act thus, not given effect to rescue plaintiff's case, as he has not proved his..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that suit land is agricultural land, so civil court has no jurisdiction - Suit filed by plaintiff is not regarding agricultural land - Plaintiff asserted that dispute is qua agreement executed between them and defendants had not complied with the terms of said agreement and without complying with..........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d) -- Rejection of the plaint - The plaint are to be considered under O.7.R.11 CPC - While it is true that the defendant's defence is not to be considered at this stage, this does not mean that the court must accept patently untenable claims or shut its eyes to settled principles of law and put the parties to trial, even in..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 3 -- Rejection of plaint - Barred by limitation - Once limitation prescribed for instituting a cause of action expires and even if limitation is not set up as a defence, it obliges Court to dismiss suit as barred by limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Cause of action for suit first arose on 04.02.2014 and lastly on 21.10.2014 - Suit was filed on 21.11.2017 - As such on the own averments of plaintiff, suit was instituted beyond limitation attracting O.7.R.11(d) CPC - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Once plaint or suit in respect of main relief stands barred by time, other ancillary relief claimed therein also falls down...........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 3 -- Rejection of plaint - Barred by limitation - Once limitation prescribed for instituting a cause of action expires and even if limitation is not set up as a defence, it obliges Court to dismiss suit as barred by limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Cause of action for suit first arose on 04.02.2014 and lastly on 21.10.2014 - Suit was filed on 21.11.2017 - As such on the own averments of plaintiff, suit was instituted beyond limitation attracting O.7.R.11(d) CPC - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Once plaint or suit in respect of main relief stands barred by time, other ancillary relief claimed therein also falls down...........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Specific date of eviction not proved by plaintiff - Plaintiff had to prove specific date of his eviction as to when he was evicted - He contended that he was not residing there and he had paid rent since 1987 - Trial Court wrongly concluded that plaintiff was evicted six months before filing of..........
