Hindu Succession Act, 1956, Section 6, Limitation Act, 1963, Article 110 -- Right of daughter - Partition suit - Limitation - Daughter who got married 50 years ago, was never in joint possession after her marriage - Right of daughter to sue for partition accrues only on 09.09.2005 - Suit for partition ought to have filed within 12 years - However, partition suit filed in..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that partition deed is null and void - Relief to declare partition deed dated 02.03.2016 sought in the year 18.3.2019 - Suit is barred by limitation being filed after expiry of three years period...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Barred by limitation - Counter claim has been filed for cause of action arose much before filing of suit but knowledge of defendant accrues from plaint itself - Trial Court accepted written statement but on account of deficient Court fees permitted defendant to pay deficit Court fees and allowed prayer of..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Reason given for not filing written statement in time is that lawyer was not well - However, no supporting documents have been brought before Court - More so, earlier applications filed to accept written statements were dismissed and court below rightly held that application is..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Both the parties are litigating with regard to title and ownership of suit property against each other - Whole subject matter in both the proceedings is identical - If the first suit is decided, automatically claim of defendant in subsequent suit would become barred by res judicata - Subsequent suit,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of fact and law and can be conclusively determined only after a full-fledged trial of suit - Objection that suit is barred by limitation is untenable...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue as regards to claim of defendant that he has been in occupation of property for nearly 60 years already decided against him in injunction suit filed by him - Defendant has not proved his title to property in said suit, thus his present claim is barred by principles of res-judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Objection that suit is barred by S.41 of Specific Relief Act can very well be considered by trial Court at an appropriate stage - Application rightly rejected...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and recovery of possession - When there is a specific admission on part of plaintiff herself to the effect that suit property belongs to defendant, then entire relief sought for by her seeking declaration and recovery of possession in respect of suit property have to necessarily fail - More so, plaintiff also..........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 468 -- Cruelty - Time barred complaint - Commutation of limitation period - Offence committed on 8-9-1999 and complaint filed on 3-7-2002, therefore complaint lodged within period of 2 years and 10 months - Complaint held not barred by limitation...........
