Civil Procedure Code, 1908, Order 20, Rule 18 -- Co-owner - Selling his undivided share in property - Purchaser is entitled to joint possession or partition - For seeking partition there is no prescribed period of limitation...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Can be filed even after filing of written statement provided such counter claim is within period of limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Suit for declaration and permanent injunction - Limitation - Cause of action arose on 13.11.1986 and suit filed in the year 1991 - Nowhere in body of plaint, plaintiff has chosen to explain subsequent events providing for a cause of action subsequent to 13.11.1986 - Suit is barred by time - Trial Court dismissed suit -..........
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 5 -- Pending appeal - Death of appellant - Substitution application was moved by petitioner on death of his father - Petitioner, however, became aware of death of respondents on date order of abatement of appeal was passed at behest of one of respondents - Copy of application made by said..........
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Article 127, 136 -- Execution proceeding - Setting aside of auction sale sought - Limitation - Sale was conducted on 20th Aug. 1982 after following procedure prescribed - Sale having taken place and objection having been filed by judgment debtor, sale being avoidable, Art.127 would apply and not Art. 136..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Section 5 of the Limitation Act is applicable to an application filed U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Section 11 -- Explain. 4, Limitation Act, 1963, Art.64, Specific Relief Act, 1963, S.6 - Res Judicata - Title suit - Decreed - Interest and right decided - Appeal against decree stood dismissed - No further appeal preferred and decree so granted attained finality - Subsequent suit for mere possession based on title by plaintiff squarely covered..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Delay of 122 days - Condonation - Exparte divorce decree - Explanation given for delay that she went to various places on pilgrimage in search of mental peace and that her advocate was also out of the country - Exparte decree passed in a casual manner - Effort..........
Civil Procedure Code, 1908, Order 21, Rule 85 -- Purchase money - Deposit - Period expiring on day while strike was on and deposit made on the working day next after lifting of strike - Deposit is within time. (Limitation Act, 1963, Ss.4, 5 & 9)...........
Criminal Procedure Code, 1973, Section 468 -- Limitation - Date to be reckoned for the purpose of computing limitation is the date on which the complaint is filed and not the date on which the magisterial act of taking cognizance manifests u/s 204 of the Code...........
