Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration of title and possession - Sale deed in question executed in 1967 - Plaintiff himself admitted that he first time came to know that land is being cultivated by defendants in the year 1985 - Though it is said that due to family relations and adjacent boundaries plaintiff could not gather that possession of..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Execution of decree for getting possession of property in a decree for specific performance - Limitation starts to run from the date of execution of sale deed and not from the date of decree...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - To be construed in a liberal manner and in the absence of anything showing malafide or deliberate delay as dilatory tactics, Court should normally condone delay...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Affidavit filed in support of application spelt out reasons for the delay - Reasons specified could not be held to be insufficient and no want of bona fides could be imputed to petitioners - Order rejecting application set aside and matter remitted for decision afresh...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Notice is to be issued to other party on delay condonation application and after deciding the same, matter shall be heard on merits...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Appeal has been filed after an inordinate delay of 26 years - Admittedly, no notice was issued and appeal was admitted on first day of hearing without issuance of notice to petitioner - Appellate authority has not only ignored the provisions envisaged under the Act but also overlooked..........
Civil Procedure Code, 1908, Order 22, Rule 3, Limitation Act, 1963, Section 5 -- Substitution of Legal heirs - Death of plaintiff no.1 - Condonation of delay - Matter was referred to meditation which could not be settled - Respondents being heirs of deceased plaintiff no.1 would be entitled to benefit of result of suit - It is not relevant whether they were parties to..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a third party - Suit for declaration that sale deed is null and void - Applicant sought his impleadment on the basis of agreement to sell - However, he has not got any direct or legal interest involved in controversy in suit and that too when suit for specific performance or suit for declaration of a sale..........
Insolvency and Bankruptcy Code, 2016, Section 61(2) -- Appeal - Appeal against order of NCLT shall be preferred within a period of 30 days from the date on which the order was passed by NCLT - However, Appellate Tribunal has the power to extend period of limitation by another 15 days - Appellate Tribunal thus, committed an error in issuing notice in an appeal with delay of..........
Limitation Act, 1963, Article 61(a) -- Limitation - Redemption of mortgage - Mortgagor has right of redemption for a period of thirty years - Restricting period of limitation for redemption amounts to clog on the equity of redemption...........
