Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue regarding limitation is a mixed question of fact and law, which can be decided by Trial Court after framing issues and taking evidence of both parties - Plaint cannot be rejected on point of limitation - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - Issue of limitation is mixed question of fact and law - Same cannot be decided as preliminary issue...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment sought barred by limitation - Question of limitation arising from the amendment sought, a mixed question of law and fact - Said plea of limitation can be made a subject matter of issue in the suit after allowing amendment prayed for...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to include prayer for cancellation of sale deed and for inclusion of some new properties - It is not clear from material on record as to whether plaintiff was aware of her right over property transferred through sale deed by defendant but remained inactive to challenge..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay - Condonation - Delay of 28 days - Ground of ill-health - Dismissal of application U.O.9.R.9 CPC bars institution of fresh suit - However, if application itself contains sufficiency of reasons for condonation of delay then there is no necessity..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation and res judicata - It is a mixed question of law and fact, which can be decided after framing issues and after parties lead evidence - Plaint cannot be rejected on said issues...........
Limitation Act, 1963, Section 19 -- Fresh period of limitation - Provision of S.19 of the Act provide fresh period of limitation, which is founded on certain facts, i.e., (i) whether payment on account of debt or of interest on legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy, (ii) an acknowledgement of the..........
Civil Procedure Code, 1908, Order 7, Rule 6, Limitation Act, 1963, Section 19 -- Exemption from limitation - Pleading - Court may permit plaintiff to claim exemption from limitation on any ground not set out in plaint, if such ground is not inconsistent with the grounds set out in plaint - In the instant case, Proviso to O.7.R.6 CPC cannot come to rescue of plaintiff as..........
Limitation Act, 1963, Section 5 -- Condonation of law - In the matter of condonation of delay and laches, accrued right of opposite party cannot be lightly dealt with...........
Limitation Act, 1963, Section 5 -- Condonation of law - Consideration for condonation of delay would not depend on status of party i.e Government or public bodies so as to apply a different yardstick but ultimate consideration should be to render even handed justice to parties...........
