Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Land Revenue Act, 1887, Section 158 -- Rejection of plaint - Dismissal of application - Suit for declaration of title - Jurisdiction of civil Court - Title can only be decided by a Civil Court - Trial Court justified in concluding that jurisdiction of civil Court was not barred - Moreover, plea of limitation would be a..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration of ownership on the basis of gift deed filed after a delay of about 20 years - Trial Court dismissed the application by holding that point of limitation is a mixed question of law and fact - Impugned order set aside in view of judgments of Supreme Court passed..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of fact and law - Trial Court could not have gone into said question at threshold and could not have determined the same - Application rightly rejected...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Preliminary issue - Issue of limitation, if a mixed question of fact and law, cannot be taken up as a preliminary issue...........
Family Courts Act, 1984, Section 7(1) -- Explanation (b) - Daughter seeking declaration that marriage of her late father with respondent is null and void and also the status of respondent as on date still continues to be the wife of one `M' - Limitation - Plaintiff came to know the relevant facts along with documents regarding defendant not having taken divorce from her..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Correction of mistake - Suit for recovery of stridhan/dowry/articles - Amendment sought for correction of factual mistake with regard to date of marriage and also place of marriage - Case is at initial stage, as issues are not yet framed - Nature of suit would not be changed by amendment - As regarding..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for specific performance - Plaintiff specifically pleaded that period of 6 months for completion of transaction is contingent upon certain compliances and agreed period of 6 months is extended only because defendants sought for extension of time - Questions whether agreed..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Serious dispute between parties to litigation on record - Defendant thus, satisfied Court that there are triable issues in subject suit and he has bona fide and substantial defence in subject suit - All the issues raised by plaintiff are required to be decided after..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue of limitation is a mixed question of law and fact, which cannot be decided as preliminary issue...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by Limitation - Plea of accrual of cause of action whether genuine and legitimate, is a mixed question of fact and law - Order rejecting plaint cannot be sustained...........
