Limitation Act, 1963, Section 19 -- `Acknowledgement' - Payment within time and acknowledgement in writing either in the handwriting or in a writing signed by the debtor is necessary - Endorsement need not be simultaneous with the payment - it can be at any time after the payment, even after expiry of limitation but it must be before institution of suit...........
Limitation Act, 1963, Section 19, Limitation Act, 1963, Section 19 -- Expln. Cl. (a) - Receipt of rent or produce by mortgage in possession - Sufficient acknowledgement - No writing necessary...........
Limitation Act, 1963, Section 5 -- Condonation of delay-Delay occasioned on account of an error or negligence of the counsel or his office-No negligence or inaction on the part of the applicant-Held, a litigant should not suffer or account of the laches or inaction of his counsel - In the instant case the Court below did not find any negligence or inaction on the part of..........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Restoration application - If within limitation can be disposed of on affidavits alone...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree-Setting aside - Limitation 30 days from the date of knowledge. In execution of ex parte specific performance decree summons served - Limitation starts to run from the date the summons were served and not from the day when the execution petition was fixed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 16 -- Always ready and willing to perform his part of the contract - Sought to be introduced by way of amendment of pliant at the stage of arguments - Amendment of plaint can be allowed if sought before the limitation for filing the suit had elapsed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought time barred - Trial Court allowed amendment and safeguard interest of defendant by framing necessary issue as to whether claim is within limitation - Interference in revision not warranted...........
Civil Procedure Code, 1908, Order 21, Rule 17 -- Execution - Amendment after expiry of period of limitation - Scope...........
Limitation Act, 1963, Article 65 -- Adverse possession - Oral exchange followed by delivery of possession - Not effected by a registered deed-Possession more than two decades evidenced by entries in Khasra Girdawari and Jamabandi - Even if there is no valid exchange the plaintiff perfected title by adverse possession-Even otherwise most unjust to permit the defendants to..........
Criminal Procedure Code, 1973, Section 125(2) -- `Date of the Order' - Meaning - Trial Court refusing maintenance Sessions Court granting maintenance from the date of its order - It should be operative from the date on which the Magistrate dismissed the application for maintenance...........
