Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2312 days in filing appeal - Reasons given in application for condonation of delay do not really make it out to be a sufficient cause - Mechanical reasons have been given for the same - Application for condonation of delay dismissed...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 30 days in filing second appeal - Averments contained in application are quite vague and do not provide sufficient cause for delay in filing application - Each day delay is required to be explained by appellants which is not forthcoming in the case - Appellants not able to make out a case for condonation of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that sale deed is null and void - Plaintiff filed the suit after 28 years from date of sale deed - Even plaintiffs stated that defendants are in permissive occupation of suit property - Suit is nothing but a vexatious and an abuse of process of Court -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 9 months in filing appeal - No plausible explanation has been given for delay worth acceptance except for bald statement that petitioner did not know about passing of judgment and decree against which appeal is sought - Application for condonation of delay dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay of 1012 days - Condonation of delay - Reasons assigned by defendant for condoning delay are in usual and causal terms - There is no proper and satisfactory explanation offered by defendant for each and every day of delay - Delay in filing application for..........
Registration Act, 1908, Section 71, 23, 25 -- Refusal to register a decree - On the ground of limitation - Limitation prescribed u/ss 23, 25 of the Act will not apply to a Court decree, since it is not compulsory registrable - Respondent directed to register certified copy of decree in question...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Whether a plaint can be rejected on the ground of limitation or not would depend upon facts of that particular case...........
Micro Small and Medium Enterprises Development Act, 2006, Section 18(3), Limitation Act,1963 -- Reference to arbitration - Applicability of Limitation Act - Provisions of Limitation Act is applicable to arbitrations covered u/s 18(3) of the MSMED Act...........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Where no period, time or date for execution and registration of sale deed is stipulated by parties while executing agreement to sell, limitation would begin to run only if plaintiff has a notice of fact that performance has been refused as per second part of Art.54 of the Act...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration of title sought by way of amendment of plaint - However, cause of action for seeking declaratory relief of title to suit property arose in 2008 and amendment sought after more than 8 years from denial of title - Action on the part of plaintiffs thus,..........
