Specific Relief Act, 1963, Section 28, Limitation Act, 1963, Article 54 -- Specific performance - Limitation - For depositing balance sale consideration - Period of 3 years has to be taken as reasonable time, within which a DH in a suit for specific performance could deposit balance sale consideration, particularly when decree sought to be executed did not stipulate any..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay of 350 days in filing application to set aside ex parte decree - Condonation - Plea of non informing of passing of decree by counsel - If at all counsel has not informed about passing of ex parte decree, petitioner could have got information through..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Subsequent events - When a plea is raised by a party for amendment of pleadings basing on subsequent events, delay as such is not a relevant factor, as question of limitation is based on fact and law and it cannot be subject matter of a decision in a summary enquiry in an interlocutory application...........
Consumer Protection Act, 1986, Section 13(2)(a)(b) -- Complaint - Commencing period of limitation of 30 days, would be from date of receipt of notice accompanied by a copy of complaint and not merely receipt of notice of complaint...........
Consumer Protection Act, 1986, Section 13(2)(a)(b) -- Complaint - Commencing period of limitation of 30 days - Objection of not having received a copy of complaint along with notice should be raised on first date itself and not thereafter, otherwise, if permitted to be raised at any point later would defeat very purpose of Act, which is to be provide simple and speedy..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Defendant was duly served in the proceedings - Limitation to set aside ex parte decree starts to run from the date of order and not from the date of knowledge of such order...........
Hindu Marriage Act, 1955, Section 15 -- Ex parte decree of divorce - Re-marriage by husband after limitation to file appeal against ex parte decree expired - S.15 of the Act permits marriage after dissolution, if there is no right of appeal against decree or if there is such a right of appeal, but time for appealing has expired without an appeal having been presented -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Courts should adopt a liberal, pragmatic and a justice oriented approach in matters of condonation of delay - Courts should avoid a pedantic view and eschew servitude to procedure in such matters...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Decree passed by DRT - Suit challenging decree filed after seven years of passing the decree - Knowledge of passing decree alleged to be six months back - Nothing averred when and how plaintiff came to now about the judgment and decree passed by DRT - Only with a view to get out of the law of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Eviction suit - Amendment sought to incorporate relief of mesne profits and damages - Trial Court allowed amendment and returned plaint to plaintiff for filing of same before appropriate Court having pecuniary/territorial jurisdiction to try and dispose of the suit - To refuse amendment to include prayer..........
