Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Application for restoration filed after delay of 18 months - Appellant was aware about dismissal of suit still he knowingly failed to file application for restoration within prescribed period - Application rightly rejected...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of about 3 years 8 months - Defendant corporation is public sector undertaking and huge public money is involved in the case - Ex parte decree set aside subject to payment of costs of Rs.50,000/-...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit and limitation - Can be decided only when parties lead evidence - Perusal of plaint does not give rise to any prima facie conclusion that pleadings are manifestly vexatious and baseless - Case does not fall under the ambit of O.7.R.11 CPC on the basis of wanting cause of action..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 5, 14, Haryana Panchayati Raj Act, 1994, Section 176 -- Election petition - Bar of limitation - Election petition under S.176 Haryana Panchayati Raj Act has to be filed within 30 days of the date of declaration of results - In the instant case election petition filed was allowed to be withdrawn and..........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay of 513 days - Plea of illness and non intimation of dismissal by counsel - Said plea not substantiated by plaintiff - Even delay of 513 days in approaching Court not explained by plaintiff - Application for restoration of suit..........
Limitation Act, 1963, Article 136 -- Execution of decree - Limitation - To execute any decree (other than a decree granting mandatory injunction) or order of any Civil Court, period of limitation is 12 years from the date when order becomes enforceable...........
Hindu Marriage Act, 1955, Section 24, 28A, Family Courts Act, 1984, Section 18, Limitation Act, 1963, Article 136, 137 -- Interim maintenance - Non payment - Execution - Limitation - Interim maintenance order passed u/s 24 and enforceable u/s 28-A of Hindu Marriage Act or order passed by Family Court and enforceable u/s 18 of Family Courts Act, 1984, are having same force..........
Civil Procedure Code, 1908, Section 115, Order 14, Rule 2 -- Preliminary issue - Bar to suit - Power of trial Court to dispose - Plea of limitation - If a bar to suit is created by any law for the time being in force, it would be within the power of trial Court to dispose of such suit on that issue by trying that issue first...........
Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Article 137 -- Ex parte proceedings - Setting aside - Limitation - No period of limitation is prescribed for setting aside ex parte proceedings - When no limitation is prescribed then it is Art.137 which applies and limitation for an application U.O.9.R.7 CPC is three years from the date of accrual of cause..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by law - Suit for cancellation of sale deed and permanent injunction - Plaintiffs got knowledge of sale deed at least in the year 2007 and suit was filed in 2011 - Suit filed after three years from date of plaintiffs got knowledge of sale deed is thus, barred by limitation - Plaint rejected...........
