Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration and recovery of possession - Claim of plaintiffs are that suit properties illegally transferred in the names of defendants - However, documents relied upon by plaintiffs does not support their claim - Thus, there are pertinent questions that require to be delved into..........
Limitation Act, 1963, Section 27 -- Extinguishment of property to property - Plaintiffs were asked to vacate the suit property in 1984 by defendants on the strength of gift deed - But plaintiffs refused to heed the demand and continue to occupy the property - Since period of 12 years has elapsed from the specific refusal of plaintiffs to vacate the building from 1994..........
Limitation Act, 1963, Article 134, Civil Procedure Code, 1908, Section 47, 12, Order 21, Rule 95 -- Limitation - Auction sale - Delivery of possession of property not asked within the statutory period of one year - Remedy of regular suit for declaration of title and recovery of possession is available subject to limitation...........
Limitation Act, 1963, Article 113, 18, 55 -- Limitation - Recovery of money claimed under a contract - Date of final payment is crucial for determination of period of limitation dehors the correspondences exchanged between parties after date of final payment - However, where plaintiff after payment of final bill reiterates its claim for additional payment on different..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - If earlier suit was filed only for recovery of possession of immovable property with no claim made for relief of mesne profits, second suit for recovery of mesne profits for the period subsequent to the filing of suit for recovery of possession may be instituted - Bar U.O.2.R.2 CPC not applicable to..........
Stamp Act, 1899, Section 33A -- Recovery of deficit stamp duty - Limitation - Sub-Registrar not entitled to commence enquiry u/s.33-A after expiry of 3 years from date of registration of instrument - In the present case, no enquiry was conducted within period of 3 years by giving notice to petitioner - Moreover, straightaway order was passed by calling petitioner to pay..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Limitation - Defendant made a part payment towards amount due in 2002 - Thereafter no amount was paid by defendants - Suit filed in the year 2005 - Suit is within period of 3 years and not barred by limitation...........
Civil Procedure Code, 1908, Order 37, Limitation Act, 1963, Section 5 -- Recovery suit - Restoration of suit - Dismissed in default - Condonation of delay - There is no gross negligence or lack of bona fides on the part of plaintiff - Plaintiff's claim for recovery of Rs.3,94,754 against defendant warrants adjudication - Order dismissing suit set aside...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Ex parte decree passed by Debt Recovery Tribunal - Proceedings against guarantor - Applicant though served with summons but misconstrued the same being in connection with the personal loan advanced to her by Bank - Only after notice of Recovery Certificate was published that applicant made enquiries and moved the..........
Civil Procedure Code, 1908, Order 34, Rule 5 -- Mortgage suit for recovery - Final decree - Limitation for final decree is three years, as Art.137 of Limitation Act applies to an application for final decree - Right to apply for final decree accrued to plaintiff Bank on expiry of six months from preliminary decree i.e in 2001 - Application for final decree filed in 2013..........
