Civil Procedure Code, 1908, Section 100 -- Second appeal - Maintainability - Appeal preferred against judgment and not against decree - Date of decree relates back to date of judgment - Time for computation of limitation for filing appeal commences to run from date of judgment and not from date of decree - Memo of appeal stating that appeal is preferred against judgment..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Exemption from law claimed by plaintiff - Necessary facts claiming exemption though not specifically pleaded in the plaint by plaintiff but fact remains that suit on behalf of plaintiff No.2, a minor has been filed by natural guardian and therefore she is entitled to claim..........
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..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 9 -- L.R's - Non impleadment within statutory period of 90 days - Appeal abates - Appeal can be revived for hearing when L.R's of deceased person files an application for substitution and for setting aside abatement and making out a sufficient cause for setting aside abatement by filing an application u/s 5 of Limitation Act..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution of preliminary decree for partition - Limitation - Execution sought after 30 years of passing of preliminary decree - Till partition is carried out and final decree is passed, there is no question of any limitation running against right to claim partition as per preliminary decree - Even when application is filed..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Plaintiff wants to convert the suit for permanent injunction to specific performance on the basis of agreement to sell - Originally suit for permanent injunction filed against President and Secretary individually - Appropriate party would be society represented by its..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 19 -- Condonation of delay - Restoration of appeal dismissed in default - Sufficient reasons assigned for delay being caused as the factum of appeal listed after 6 years not brought notice of appellant and counsel also did not inform him - Delay condoned - Appeal restored to its original number...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - One single application can be filed for condonation of delay and also to set aside ex parte decree, where grounds for seeking both such reliefs are same...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 129 days - Defendant is senior citizen aged over 66 years - He failed to take necessary steps in setting aside ex parte decree owing to old age and age related ailments - Court below ought to have been more liberal in its..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - When there is disputed question of fact qua limitation, plaint cannot be rejected without appreciating evidence let in on either side...........
