Specific Relief Act, 1963, Section 34, 37, Limitation Act, 1963, Article 65 -- Suit for declaration, permanent injunction and possession - Limitation - Since suit was for declaration, permanent injunction and possession, Art.65 of Limitation Act is applicable which provides limitation of 12 years to be counted from the date when possession of defendant becomes adverse to..........
Limitation Act, 1963, Section 3 -- Limitation - In order to decide the question of limitation as to whether suit is filed within time or not, Court is mainly required to see the plaint allegations and how plaintiff has pleaded the accrual of cause of action for filing the suit...........
Limitation Act, 1963, Section 14 -- Scope - Conditions for applicability of the provision are : (i) that plaintiff was prosecuting another civil proceedings with due diligence; (ii) earlier proceedings and later proceedings relates to same matter in issue (iii) former proceeding was prosecuted in good faith in a Court which from defect of jurisdiction or other cause of..........
Limitation Act, 1963, Section 14 -- Limitation - Exclusion of time - Provision of S.14 of the Act has no application in a case where suit is dismissed after adjudication on merits and not because Court was unable to entertain it due to lack of jurisdiction...........
Limitation Act, 1963, Section 14 -- Limitation - Exclusion of time - Earlier suit filed in a Court competent to entertain it and decide the same on merits - Plaintiff not entitled to get benefit of S.14 of Limitation Act...........
Limitation Act, 1963, Article 65 -- Suit for possession - Limitation - Accrual of cause of action - Period of limitation commenced when defendant filed written statement in the earlier suit denying title of plaintiff...........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Whenever a decree of trial Court is challenged by a competent appeal, appeal is considered as a continuation of suit and when appellate decree affirms, modifies or reverses decree on merits, trial Court decree is said in law to merge in appellate decree and it is appellate decree which rules - Period of..........
Civil Procedure Code, 1908, Order 41, Rule 22, Limitation Act, 1963, Section 5 -- Appeal - Cross-objections - Limitation to file cross objections starts to run from date of service of notice of appeal - Cross-objections not filed within statutory period of 30 days after service of notice upon party - Even, despite there being an application for condonation of delay, same..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Application for restoration filed after delay of 18 months - Appellant was aware about dismissal of suit still he knowingly failed to file application for restoration within prescribed period - Application rightly rejected...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of about 3 years 8 months - Defendant corporation is public sector undertaking and huge public money is involved in the case - Ex parte decree set aside subject to payment of costs of Rs.50,000/-...........
