Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Partition suit - Issue of limitation is a mixed question of law and facts and therefore, same is required to be considered after looking into the evidence that could be adduced by parties in a full dressed trial - Suit for primary relief of partition and separate possession..........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21(1) -- Proviso - Impleadment of a party - Suit by tenant u/s 6 Specific Relief Act - Impleadment of new tenant - Non-impleadment of new tenant within statutory period prescribed u/s 6 of Specific Relief Act, was due to bona fide mistake and because of lack of plaintiff's knowledge about the fact..........
Limitation Act, 1963, Section 5 -- Condonation of delay - False averments made in the application - Not feasible to exercise discretionary power conferred upon Court u/s 5 of the Act...........
Specific Relief Act, 1963, Section 6 -- Dispossession - Limitation to file suit for recovery of possession u/s 6 of the Act is six months - Suit filed much beyond the prescribed period of six months - Suit rightly dismissed...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Limitation - Dispute between parties arose in the year 2007 whereafter applicant for first time sent a legal notice to respondents for appointment of arbitrator whereupon respondents responded by their letter asking applicant to deposit necessary 10% of claim amount failing which it would..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for cancellation of sale deed - Amendment sought to incorporate relief of specific performance - Amendment sought by plaintiffs not barred by limitation, as when plaintiffs came to know about sale of suit property they filed suit in 2009 and application filed in 2012 is within three years of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and cancellation of three sale deeds - Contention that partition suit was already filed by defendants regarding suit property and decree in present suit will have an adverse impact and barring in trial of said suit - Contention rejected, as said suit has nothing to do with present suit and even earlier..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of facts and law which could also be an issue that could be dealt with by Trial Court as a preliminary issue - Application for rejection of plaint rightly dismissed...........
Agreement to sell -- Specific performance - Limitation - Notice of refusal - Execution of registered sale deed in favour of third party and delivery of possession - Amounts to constructive notice of refusal to perform - Therefore, there is no merit in the contention that plaintiff got notice of refusal only when an oral demand was raised. (Transfer of Property Act, 1882,..........
Agreement to sell -- Specific performance - Limitation - Second limb of Art.54 Limitation Act - Second limb of Article 54 of Limitation Act should not be interpreted so as to prolong contract to an uncertain period, unless there is sufficient ground for it and it should be made mentioned in the contract for sale or capable of discernment from attending circumstances..........
