Comments Off on Cognizance–Taking of–Bar of Limitation–The relevant date for deciding whether the complaint is barred by limitation is the date of the filing of complaint and not issuance of process or taking of cognizance by Court.
Comments Off on Entry of mutation would not give a right to the party for filing the suit, is essence, limitation would not reckon from the date of entry of mutation but it is only when the title is under cloud or possession is threatened-Limitation Act, 1963.
Comments Off on Limitation Act, 1963, Article 136—Execution of decree—Starting pointing of Limitation– If an appeal had been preferred in a higher court against the 1st decree, the 2nd decree, even if disposed of otherwise than on merits will be considered as the starting point of limitation
Comments Off on Condonation of delay—Framing of Issues—If, prima facie, the sufficient ground pleaded by the petitioner to condone a long delay does not appeal to the reasons, there will be no necessity to waste the time of the Court in framing the issues and to record the evidence.
Comments Off on Limitation—Exclusion of Time—Both due diligence and good faith must be established. Limitation—Exclusion of Time—Nothing shall be deemed to be done in good faith which is not done with due care and attention.
Comments Off on Appeal—Delay in Refilling— Even if appeal was filed within a period of limitation, delay in refilling as such cannot be condoned as a matter of right. Appeal—Delay in Refilling—Total period provided for the completion of the re-filing process is 40 days under the Rules and in the absence of the any satisfactory explanation the appeal is liable to be dismissed.
Comments Off on Will—Execution of—Mere production of the indexes of the register of the Sub Registrar will not prove the execution of the will.Adverse Possession—Mere possession for howsoever length of time does not result in converting the permissive possession into adverse possession or abandonment of title.