Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - On the date of filing application relief sought to be incorporated by way of amendment was hopelessly barred by Article 58 & 113 of Limitation Act - Impugned order of allowing amendment by Appellate Court, sets aside...........
Civil Procedure Code, 1908, Section 151 -- Restoration of restoration application filed u/s 151 CPC - Limitation - It is Art.137 and not Art.122 of Limitation Act which applies - Limitation is three years from the date when right to apply accrues...........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Article 122 -- Restoration of suit dismissed in default - Limitation to file application for restoration of suit dismissed in default is 30 days - Application filed after two years - Petitioner not able to establish sufficient cause for his non appearance on date when suit was dismissed in default - Order..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - In revision petition, order of status quo was passed whereby decree holder was debarred from filing execution petition - Period from the date status quo order was passed and when revision petition was dismissed in to be excluded - Held, execution petition is filed within time...........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 5 -- Setting aside of arbitral award - Condonation of delay - All the four awards were sent to the appellant by registered post with A/D and presumption is that he was served unless such presumption is rebutted by the appellant - Even, appellant only denied receiving of copy of the award in..........
Agreement to sell -- Specific performance - Relief of - Suit filed a day before expiry of limitation - Discretion to grant relief cannot be refused to be exercised in view of the fact that reply of defendant is not only vague but evasive as readiness and willingness has not been denied. (Specific Relief Act, 1963, S.20)...........
Limitation Act, 1963, Section 5, 14 -- Condonation of delay - Period prior to institution or initiation of abortive proceedings cannot be excluded by relying upon the provision of S.14 of the Act - Period prior would have to be considered in the light of provisions of S.5 of the Act...........
Limitation Act, 1963, Section 5, 14 -- Condonation of delay - Delay of more than five months in filing appeal - Suit for specific performance - Period spent bonafidely in execution proceedings after decreeing the suit is liable to be excluded by relying upon provision of S.14 of the Act - However, period prior to initiation of abortive proceedings remains unexplained -..........
Agreement to sell -- Suit for specific performance - Limitation - Cause of action first time arose in 1975 when defendant refused to execute sale deed - Suit for specific performance to be filed within three years from such cause of action as per Art.54 of the Act - However, neither such suit was filed by plaintiff nor any sufficient explanation was given by plaintiff for..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 180 days in filing first appeal - Bonafide reasons - Matter was to be examined by various departments of DDA before filing an appeal - Ultimately decision was taken by Chief Legal Advisor and immediately thereafter appeal was filed - First appeal is a matter of right and there should have been at least..........
