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,..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Barred by limitation - Plea of adverse possession taken by defendant - However, defendant failed to prove that he perfected his title over suit property by continuous and undisturbed possession over same for more than statutory period - Suit filed by plaintiffs not barred by..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Order of injunction granted in favour of plaintiff in earlier suit filed by defendant in respect of 86 cents which included 14 cents of suit property also - Since defendant claimed title in respect of suit property, which was denied by Courts in said earlier suit, it would have..........
Suit for recovery -- Suit for recovery of possession, damages and permanent injunction - Limitation - Suit filed in 2013 - Defendant/tenant contended that suit was barred by limitation as he was inducted tenant in 2009 and suit filed in 2013 - Contention rejected, as cause of action arouse only when notice dated 16.2.2013 was served on defendant qua which reply dated..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for restoration of possession, permanent and mandatory injunction - Plaintiff filed the suit seeking restoration of possession based upon title of plaintiffs to suit property - Institution of suit thus, was governed by Art.65 of Limitation Act - Defendants had pleaded permissive possession and not urged any hostility or..........
Settlement -- Revocation of settlement deed - Suit for declaration of title and permanent injunction - Father executed settlement deed in favour of her daughter/plaintiff - Document under settlement deed is acted upon and property has been mortgaged, which is more than 30 years old - Presumption u/s 90 of Evidence Act should be drawn - Moreover, no suit was instituted..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - On the ground of limitation - Suit for declaration, permanent injunction and joint possession - Defendant has failed to fulfil requirements of O.7.R.11 CPC - Question of limitation is a mixed question of law and fact and therefore, its decision would depend upon evidence to be led by parties - As..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for cancellation of registered sale deed and for declaration and permanent injunction - Plaintiff challenging decree passed in earlier suit and also registered sale deed - Admittedly, plaintiff was party to earlier suit, thus, he has knowledge of passing of decree and..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration, permanent injunction, damages and incidental relief - Right to sue in favour of plaintiff arose in 9 July 2018 when defendant first time denied plaintiff's title to Trade Mark and claimed its ownership - Said cause of action again arose in favour of plaintiff on 18 July 2018 when defendant relying upon..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100, 151 -- Condonation of delay - Delay of 1889 days in filing second appeal - Suit for declaration and permanent injunction - Delay in the case is more than 5 years - No satisfactory or plausible explanation rendered, which might have been taken into consideration to condone delay - Moreover,..........
