Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - While considering application U.O.7.R.11 CPC only averments in plaint are to be seen - From the averments of plaint, Court is not satisfied that suit seeking cancellation of sale deed is hit by law of limitation - Application rightly dismissed...........
Limitation Act, 1963, Section 3 -- Limitation - It is bounden duty of Court to examine as to whether suit is within limitation or not even if no such objection is raised by defendant...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed and permanent injunction - Concurrent findings of facts recorded by two Court below that suit is hit by limitation being not filed for a period of more than 3 years from the date of knowledge of sale deed in question - Mutation of subject land was also recorded way back in the..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Duration of delay i.e long period or short period is not the determinative factor in deciding delay condonation petitions as sufficiency of reasons explained for delay would form the crux...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 201 days in filing writ appeals - No plausible reason is placed in affidavit except stating certain administrative grounds with no proper detail - Moreover, in view of series of litigation concerning the subject land, it is obvious to expect certain diligence in pursuing the matter instead of lackadaisical..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint ought to be rejected if it is vexatious, illusory cause of action and barred by limitation and it is a clear case of clever drafting...........
Limitation Act, 1963, Article 113 -- Limitation - Suit for cancellation of Will - Cause of action for instituting suit accrued in favour of plaintiff on the death of testator - Suit filed within three years from the death of testator is within limitation...........
Hindu Marriage Act, 1955, Section 15 -- Ex parte divorce decree- Re-marriage - S.15 of the Act does not make any distinction between contested decree and an ex parte decree - Therefore, in case of an ex parte decree of divorce it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within period of limitation...........
Hindu Marriage Act, 1955, Section 15 -- Decree of divorce - Re-marriage - Bar or impediment to contract second marriage operates during pendency of appeal only if an appeal is preferred within period of limitation...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Wife had been duly served with summons in divorce petition - There is no irregularity in service of summons - Wife had handed over the copy of divorce petition to her advocate which leads to conclusion that she had notice of date of hearing and had sufficient time to..........
