Limitation Act, 1963, Article 57, Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Limitation - Suit for declaration that adoption deed is null and void - Suit filed eight years after execution of adoption deed, is barred u/art 57 of Limitation Act - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 9, Limitation Act, 1963, Section 5 -- One application U.O.22.Rr.3, 4 CPC, O.22.R.9 CPC and S.5 Limitation Act, can be filed - There is no bar in filing one consolidated application when reliefs sought are connected or when reliefs sought are dependent upon reliefs required to be obtained for getting complete relief...........
Adverse possession -- Mutation of revenue records, payment of Kist, custody of original title Deed, mere long possession and enjoyment for more than statutory period, are alone not sufficient to constitute adverse possession, unless denial of title is brought to knowledge of title holder - Limitation clock begins to tick only when denial of title is conveyed to real owner..........
Hindu Marriage Act, 1955, Section 13, 14 -- Divorce - Petition filed within one year of marriage - Mutual incompatibility between parties, not a ground to seek exemption from one year limitation in filing divorce petition...........
Specific Relief Act, 1963, Section 39, Limitation Act, 1963, Article 65 -- Suit for possession by way of mandatory injunction - Suit must be filed within 12 years from the date of dispossession - In the absence of any specific date and time of dispossession and when plaintiff himself acknowledged in his cross-examination that defendants are in possession of suit property..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of law and fact and not a pure question of law under which a delayed suit cannot be entertained - Plaint cannot be rejected...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Length of delay is definitely a relevant matter which Court must take into consideration while considering whether delay should be condoned or not...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Once it is held that a party has lost his right to have the matter considered on merits because of his own inaction for a long, it cannot be presumed to be non-deliberate delay and in such circumstances of the case, he cannot be heard to plead that substantial justice deserves to be preferred as against the..........
Limitation Act, 1963, Section 5 -- Condonation of delay - While considering the plea for condonation of delay, Court must not start with the merits of the main matter - Court owes a duty to first ascertain the bona fides of explanation offered by the party seeking condonation - It is only if the sufficient cause assigned by the litigant and opposition of the other side is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Rejection of earlier suit U.O.7.R.11 CPC does not bar fresh suit on the same cause of action provided right of action is not barred by law of limitation...........
