Back
PANKAJ MITHAL, S. V. N. BHATTI
Nikhila Divyang Mehta – Appellant
Versus
Hitesh P. Sanghvi – Respondent
Understood. Please provide the legal document content (inside
JUDGMENT
PANKAJ MITHAL, J.
1. Leave granted.
2. Heard Shri Gaurav Agarwal, learned senior counsel for the appellants and Shri Bhadrish S. Raju, learned counsel for the respondent(s).
3. The plaint of the civil suit was rejected by the court of first instance on an application of the defendants filed under Order VII Rule 11 of the Code of Civil Procedure [In short ‘CPC’]. The High Court has reversed the aforesaid order and has allowed the appeal of the defendant restoring the plaint for decision on merits.
4. The impugned judgment and order of the High Court dated 08.02.2024 setting aside the order dated 23.10.2018 of the Chamber Judge, City Civil Court, Ahmedabad, and directing to restore the Civil Suit No.1758/2017 for decision on merits in accordance with law, has been assailed in this appeal.
5. The plaintiff-Shri Hitesh P. Sanghvi instituted Suit No.1758/2017 in the City Civil Court, Ahmedabad, against four persons including Smt. Harshaben Vijay Mehta, Smt. Nikhila Divyang Mehta, Smt. Ami Rajesh Parikh and Shri Nilav Divyang Mehta as defendant Nos.1, 2, 3 and 4 respectively seeking direction from the court to declare the Will dated 04.02.2014 and the Codicil dated 20.09.2014 executed
(1) Rejection of plaint – Bar of limitation – Limitation of three years has to be counted from the date when right to sue first accrues – Once plaint or suit in respect of main relief stands barred b....
The period of limitation for obtaining a declaration begins when the right to sue first accrues, as per Article 58 of the Limitation Act, 1963.
The court established that limitation issues can involve mixed questions of law and fact, which cannot be resolved at the preliminary stage of proceedings.
Limitation under Article 58 for challenging Will and sale deeds thereunder accrues not from mere knowledge of Will but from infringement via execution of deeds and mutation in records, amid pending p....
The limitation period for a suit for partition and declaration that certain sale deeds are not binding is under Article 109 of the Limitation Act, and it starts running from the date of possession of....
The rejection of a plaint under Order VII Rule 11 CPC on grounds of limitation requires a full trial when the issue involves mixed questions of law and fact.
(1) Rejection of plaint – When a document referred to in plaint, forms basis of plaint, it should be treated as a part of plaint – Court cannot look into written statement or documents filed by defen....
A suit filed to declare a sale deed null and void is barred by limitation if not filed within three years from the date of registration, and must disclose a valid cause of action.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
