Limitation Act, 1963, Article 59 -- Cancellation of gift deed - Suit not filed within three years of execution of gift deed nor within three years from date of knowledge - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 3, Article 123 - - Ex parte decree - Setting aside of - Limitation - Held, period of limitation for filing application U.O.9.R.13 CPC is to be reckoned from the date of knowledge of passing of ex-parte decree - Court has no jurisdiction to entertain such application after expiry of period of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Limitation - Knowledge of ex parte decree - Petitioner himself not stepping into the witness box and not stating as to when passing of ex parte decree came to his knowledge - Held, statement of petitioner's attorney as witness cannot fill the gap - It was only the petitioner who could have..........
Arbitration Act, 1940, Section 30 -- Arbitration award - Limitation Act, 1963, Art. 119 - Objections - Limitation - Limitation period is 30 days - Limitation starts from date of service of notice of filing of award in Court and not from date of knowledge of filing of award...........
Civil Procedure Code, 1908, Section 100, Limitation Act, 1963, Section 5 -- Restoration of second appeal - Condonation of delay - Second appeal transferred to another Court got dismissed for default - Applicants in delay condonation application have categorically stated that no notice of transfer were sent to them - Held, there is just reason for no, appearance in Court on..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Limitation - 30 days from the date of passing of the exparte decree if defendant was duly served - Where defendant was not duly served, such an application can be filed within the aforesaid period commencing from the date of knowledge of the exparte decree...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Article 122 -- Restoration of suit - Dismissal of application in default - Limitation - Period of limitation starts from `date of order' and not from `date of knowledge'...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 19 -- Ex parte divorce decree - Setting aside - Ex parte divorce decree obtained by husband against wife - Neither process server examined who served summons on wife, nor affidavit or report of process server was filed as envisaged..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Limitation - 30 days - Starting point of limitation - In a case where defendants appears but was proceedings ex parte, the limitation of 30 days starts to run from the date he was proceeded ex parte - However, in a case where summons were not served, limitation starts to run from the date of..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13, Limitation Act, 1963, Section 123 -- Exparte decree - Setting aside - Limitation - Starts to run from the date of knowledge of passing of exparte decree...........
