Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had never executed sale deed in first place as it was proved that it was not her thumb impression that was affixed therein - She had not received sale consideration - In such circumstances and in absence of sale consideration being tendered, sale..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had claimed relief of joint possession - Sale deed in question was void - Plaintiff could not be said to have executed sale deed - Therefore, plaintiff could indeed have maintained an action to obtain possession of property on the basis of her title..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Delay of 44 years in filing appeal - Whenever a time barred appeal is preferred, an application u/s 5 of the Act is required to be filed along with such time barred appeal and if no separate application is submitted, then reasons of delay are required to be discussed in..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of insurance company - Offending vehicle as per the certificate of registration is a utility vehicle and permit issued is of a contract carriage - Package policy was issued by Insurance Company after looking at certificate of registration and permit issued and it has been clearly specified that..........
Evidence Act, 1872, Section 102 -- Burden of proof - Adverse possession - Defendants have raised plea of adverse possession as such burden is on them to prove affirmatively that bar of limitation prescribed u/art 65 of Limitation Act, viz. 12 years, is applicable - But, limitation of 12 years begins when possession of defendants would become adverse to that of plaintiff -..........
Adverse possession -- One who holds possession on behalf of another, does not by mere denial of other's title, make his possession adverse so as to give himself the benefit of statute of limitation...........
Limitation Act, 1963, Article 110 -- Limitation - Partition suit - Plea of ouster - If the Co-sharer in possession, raises the plea of ouster or bar u/art 110 of the Act, it is incumbent on such co-sharer to prove that exclusion was to the knowledge of other co-sharers - Exclusion should be proved by tangible evidence - One cannot infer exclusion from enjoyment of..........
Practice and Procedure -- Conversion of one type of proceedings into another - Court has jurisdiction to convert one into other, subject to limitation and Court fees as the case may be - There is no impediment in case a particular kind of proceeding is not maintainable and a different kind of proceeding lies in respect thereof...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Total delay in filing suit after excluding period undergone for mediation was 84 days - In fact, application for mediation was filed after expiry of period of limitation - Period during which mediation was pending is only theoretically excluded - Suit rightly dismissed being barred..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff filed a suit for declaration of ownership on basis of sale deed and also challenged the subsequent sale deed in favour of respondent no.1 - Application for impleadment of another buyer of subsequent sale deed was filed after 8 years of filing of suit - On the date of filing application..........
