Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent prohibitory injunction - Limitation - No limitation is provided for execution of decree of permanent prohibitory injunction...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 908 days in filing appeal - Defendants have not chosen to cross-examine PW1 and matter was pending for several years - They were set ex parte and application filed for setting aside ex parte decree is also dismissed - Defendants have only intended to drag on..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay is to be explained for the period beyond the period of limitation prescribed...........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that two sale deeds are not binding upon plaintiff - Cause of action arose in 1988 when on basis of sale deeds defendant got his name mutated in revenue record - Said fact was admitted by plaintiffs themselves and they were aware of said fact from the year 1988 - Suit filed in the year 1999 is thus,..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 1321 days in filing application for setting aside ex parte decree - Husband of defendant was following the suit on behalf of defendant - Defendant did not meet her counsel to give instructions for filing written statement - No material on record that there is..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay in filing appeal against ex parte decree - Ex parte decree though passed on 21.12.2021 and defendant received notice of same on 21.7.2022 - Consequently, appeal was filed with delay - Valid reasons have been assigned - Delay in filing appeal condoned...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - By way of amendment relief of possession sought as plaintiffs were dispossessed during pendency of suit - Whether plaintiffs were evicted during pendency of proceedings or prior to filing of suit or whether relief claimed is barred by limitation or not, to be determined during trial - Amendment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - When an amendment is opposed on the ground that claim is barred by law of limitation and such an objection cannot be decided without answering disputed questions of fact, amendment can be allowed and question of limitation can be postponed to be decided in the suit...........
Family settlement -- Consent decree or judgment on admission - Limitation to challenge decree - Decree passed on the basis of admission of oral family settlement in written statement and recording of statement of defendant on that basis - It is a judgment on admission and not a consent/compromise decree - Limitation to challenge decree starts to run from the date of..........
Partition suit -- Barred by limitation - Part of suit land was acquired and defendant received the compensation - Plaintiffs have specifically pleaded on 16 July 2010 that they learnt that defendant has withdrawn the compensation amount - Defendant has not produced on record any material to show that plaintiffs were made known with respect to withdrawal of compensation..........
