Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Pleadings - Where amendment merely sought to introduce an additional or a new approach without introducing a time barred cause of action, amendment is liable to be allowed even after expiry of limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay in applying amendment alone is not a ground to disallow prayer of amendment of pleadings - Where aspect of delay is arguable, prayer for amendment could be allowed and issue of limitation framed separately for decision...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Guiding principles - Analysed : (a) O.2.R.2 2 CPC operates as a bar against a subsequent suit if requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview; (b) All amendments are to be allowed which are necessary for determining the..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 15 years and 244 days in filing revision - Explanation given by applicant though involving death of his counsel, yet said event do not explain the long time period of 15 years - There is thus, no sufficient cause made out to condone delay on basis of which Court may exercise its discretion in favour of..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Date fixed for payment of consideration was three months from date of agreements - Limitation to file suit starts from the expiry of three months - Suit filed beyond three years - Suit is clearly barred u/s 54 of Limitation Act...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Partition suit - Plaintiffs have assigned a reasonable cause that due to having talks of compromise between parties and being out of city, they could not appear for their evidence - Application for restoration was well within limitation from date of having knowledge of dismissal of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - When plaintiffs claim that they gained knowledge of essential facts giving rise to cause of action only at a particular point of time, same has to be accepted at the stage of considering application U.O.7.R.11 CPC...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - It appears that disputed question of fact and law pertaining to limitation was subjudiced in trial Court, which is primary ground in the instant petition for the prayer for quashing and setting aside proceedings u/s 138 of the Act -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue of limitation is a mixed question of law and fact and where plaint discloses cause of action, it is only after framing of issues and parties after leading their evidence, issue in regard to suit being barred by limitation can be decided and plaint cannot be thrown out at..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cognizance of offence - Bar of limitation - Two Cheques dishonoured on 31.03.2020 and 22.04.2022 - Issued notice of demand on 22.04.2022 and itself delivered on 22.04.2022 - Complaint filed on 10.06.2020 - Delay of 1 day - Complaint not barred by limitation in view of directions passed that period..........
