barred by limitation Archives

Issue of limitation cannot be decided without recording of evidence, once it becomes a mixed question of law and fact: Delhi High Court upholds Trial Court’s dismissal of Order 7 Rule 11

Delhi High Court held that the dismissal of the petitioner’s application under Order VII Rule 11 CPC was warranted, emphasizing the need to focus solely on the allegations in the plaint at the preliminary stage because the issues regarding limitation and adverse possession required further evidence and examination, which could not be resolved without a full trial.

Case Briefs High Courts

Section 43(4) of Arbitration and Conciliation Act, 1996 does not create new window after expiry of limitation: Calcutta High Court

“The limitation for filing an application will start to run from the day when the cause of action accrues regardless of the existence of an arbitration clause.”

Case Briefs High Courts

Lack of property title renders Suit for specific performance unenforceable: Calcutta High Court

Calcutta High Court determined that the compromise decree indicated that the vendors-defendants (respondent 2 and 3) do not have title to the property.