Specific Relief Act, 1963, Section 34, 20 -- Suit for declaration and specific performance - Limitation - Agreement to sell executed in the year 1992 - Cause of action arose to plaintiff in the year 2000 upon execution of sale deed inter se between defendant no.1 and defendant no.2 - Suit of plaintiff filed within 3 years from the year 2000 thus, not barred by limitation,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for cancellation of sale deed - Amendment sought to incorporate relief of declaration of ownership/title - Trial has not yet commenced and suit is coming for adduction of evidence - Merely on the ground of delay or limitation amendment of plaint cannot be rejected - Moreover, to avoid multiplicity..........
Specific Relief Act, 1963, Section 34, 39 -- Agreement to sell - Suit for declaration and mandatory injunction - Bar of limitation - Agreement in question executed in 1980 - Whereas, suit filed in 1992 - There is nothing to show that agreement was to be kept alive for such a long time - Moreover, agreement itself is not proved, therefore, no suit for claiming any relief in..........
Consent decree -- Suit for declaration that consensual decree be declared void, illegal, invalid, arbitrary and malafide - Judgment passed on 10.03.2006 and formal decree drawn on 02.02.2013 - Suit filed in the year 2013 - Bar of limitation - Order under challenge was within knowledge of plaintiff on 10.03.2006 - Preparation of decree in 2013 will not extend the period of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership - Father of plaintiffs was in possession of suit property as no, occupancy tenant on payment of rent and by virtue of provisions of H.P. Tenancy and Land Reforms Act, they shall deemed to become owners of suit land automatically - Change in revenue entries immediately after coming in operation of..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration - Starting point of limitation for filing suit for declaration u/art 58 of the Act is when right to sue "first accrues" - Cause of action for purposes of Art.58 of the Act, accrues only when right asserted in suit is infringed or at least when there is clear and unequivocal threat to that right...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for declaration - Cause of action for fling suit arose when plaintiff came to know about purported purchase of suit property by defendant - Plaintiff was aware of Certificate of Purchase from year 1985 and he filed suit in year 2004 - Thus, suit is barred by limitation u/art..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that there is no legal and customary marriage between parties - Limitation - Once the declaration u/s 34 of the Act is sought for, which is not coming under the purview of Marriage Laws as per the statues provided for that purpose, then bar u/s 29(3) of Limitation Act would not be attracted and for such suits or..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that there is no legal and customary marriage between parties - Limitation - Cause of action accrued to plaintiff/husband when defendant/wife had made a claim for maintenance alleging that she is legally wedded wife of plaintiff - Suit filed long after suffering an order of maintenance nearly 17 years of that..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration and recovery of possession - Claim of plaintiffs are that suit properties illegally transferred in the names of defendants - However, documents relied upon by plaintiffs does not support their claim - Thus, there are pertinent questions that require to be delved into..........
