Transfer of Property Act, 1882, Section 58, 60 -- Redemption of mortgage - Limitation - Where mortgage does not provide any period of redemption then there is no limitation for seeking redemption...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 31 years in filing suit - Suit for declaration - Suit filed much beyond period of limitation - Plea of plaintiff that he came to know about existence of Will just two months prior to filing of suit is rightly negated by Courts below, as mutation on the basis of inheritance was sanctioned long back and that..........
Transfer of Property Act, 1882, Section 58, Limitation Act, 1963, Article 61 -- Redemption of mortgage - Limitation - Commences from the date when right to redeem or recover possession accrues or cause of action to file suit arises and not from the date of execution of mortgage deed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Limitation - Summons not duly served upon defendants - Limitation of 30 days as prescribed u/art 123 of Limitation Act, would run from the date of knowledge of decree - Since date of knowledge of decree is 4.1.2014 and application is filed on 16.1.2014, as..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 753 and 740 days in filing and re-filing appeal - Acquisition of land - Courts adopt liberal approach in land acquisition cases, as land losers are persons who hail from villagers and who are not aware of legal intricacies and requirement of law - Moreover, it would be really harsh on the appellant if delay..........
Agreement to sell -- Suit for specific performance - Limitation - Suit instituted within three years from the execution of agreement to sell - Cause of action arose after one year of lapse of period agreed between parties - Suit was thus, not time barred even from the date of agreement in question...........
Agreement to sell -- Suit for specific performance - Time essence of contract - It is mentioned in the agreement that when plaintiff asks defendant then defendant would receive Rs.1 lac as balance consideration and execute the sale deed - These words clearly indicate the intention of parties were not to limit the contract for sale within any period of limitation - Time..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - On the date of filing application relief sought to be incorporated by way of amendment was hopelessly barred by Article 58 & 113 of Limitation Act - Impugned order of allowing amendment by Appellate Court, sets aside...........
Civil Procedure Code, 1908, Section 151 -- Restoration of restoration application filed u/s 151 CPC - Limitation - It is Art.137 and not Art.122 of Limitation Act which applies - Limitation is three years from the date when right to apply accrues...........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Article 122 -- Restoration of suit dismissed in default - Limitation to file application for restoration of suit dismissed in default is 30 days - Application filed after two years - Petitioner not able to establish sufficient cause for his non appearance on date when suit was dismissed in default - Order..........
