Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 424 days in filing application for setting aside ex parte decree - Defendant failed to explain delay by establishing sufficient cause within the meaning of S.5 of Limitation Act - Application for condonation of delay rightly dismissed...........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 61 -- Usufructuary mortgage - Redemption - Limitation - Bar of limitation of 30 years for redeeming a mortgage would not be applicable in case of Usufructuary mortgage - Usufructuary mortgagee therefore, not entitled to file suit for declaration claiming ownership of mortgage property on expiry..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Striking off - Plaint along with all documents annexed therewith was supplied to defendant on 13 March 2020 - 30 days for filing written statement would expire in April 2020 - In view of Judgment of SC in Re: Cognizance for Extension of Limitation Suo Moto Writ petition, since the written..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Sale was to be completed within a period of six months from date of execution of agreement - Plaintiff had called upon defendant to perform his part of contract by issuing notices within six months of said agreement - However, defendant having failed to respond to any of said notices, it was..........
Criminal Procedure Code, 1973, Section 85(3) -- Release of attached property after expiry of statutory period of two years - Application by legal heir of deceased accused - Accused is entitled to submit an application even after period of limitation stipulated u/s 85 Cr.P.C - Nothing thus, will preclude legal heir of accused from submitting application when accused is no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Issuance of cheque whether towards time barred debt - Loan repayable within seven years - Period of limitation would start reckoning from the expiry of period of seven years...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cancellation of sale deed on ground of fraud and misrepresentation - Suit filed after a period of 10 years from the date of execution of registered sale deed - Nothing has been mentioned on which date and how plaintiff had the knowledge that document was obtained by fraud and/or misrepresentation -..........
Civil Procedure Code, 1908, Order 14, Rule 2(2)(b) -- Issue of limitation - Can be determined as preliminary issue when it can be determined on admitted facts...........
Limitation Act, 1963, Article 136 -- Limitation - Article 136 Limitation Act does not apply when question involved is initiating legal proceedings to seek alleged legal right as Article 136 Limitation Act applies only when an application for execution of any decree (other than decree granting a mandatory injunction) or order of any Civil Court is to be filed...........
Limitation Act, 1963, Article 65 -- Suit for declaration that plaintiff and defendants are owners and in joint possession with consequential relief of permanent injunction - Limitation would not commence on mere mutation entries but rather when there is a real threat to possession of plaintiff based on such actions that cause of action would be stated to have arisen - Suit..........
