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K. VINOD CHANDRAN, N. V. ANJARIA
Arifa – Appellant
Versus
Abhiman Apartment Co-operative Housing Society Ltd. – Respondent
Based on the provided legal document, here are the key points regarding the case:
ORDER
1. The question arising in the above case is as to whether the liberty granted to file a fresh suit by the High Court would enable the party to revive a cause of action and save limitation, so as to enable raking up all grounds earlier raised and rejected by concurrent findings of the trial court and the first appellate court, affirmed by the High Court in Second Appeal.
2. We heard Mr. Raghavendra Srivatsa, Senior Advocate appearing for the petitioners and Mr. Sharanagouda Patil, Advocate appearing for respondent No.1.
3. The original plaintiff, the predecessor-in-interest of the petitioners herein admittedly entered into an agreement for sale of the suit scheduled property to the first defendant, a Cooperative Society. It is also admitted that a Power of Attorney (PoA) was executed in favour of the second defendant, the Secretary of the first defendant. It is alleged that the PoA was executed on coercion and misrepresentation, which also stood cancelled before the execution of the sale deed in favour of the first defendant by the second defendant, by virtue of the PoA. Admittedly, the plaintiff first filed a suit for permanent injunction against the second defendant, impleaded
Liberty granted to file a fresh suit by High Court would not enable the party to revive a cause of action and save limitation.
The expression “any of the matters in controversy” is consistent with the “constructive res judicata” incorporated under Explanation IV and V of Section 11 C.P.C., hence there cannot be any repugnanc....
Parties cannot waive the defense of limitation; a suit filed beyond the statutory limit must be dismissed, regardless of any concession from opposing parties.
(1) Rejection of plaint – Defence taken by defendant in written statement cannot be taken into consideration and plaint has to be read as a whole and application cannot be decided in context of few a....
A fresh suit is maintainable after dismissal under Order IX Rule 4 of the C.P.C., and res judicata does not apply to non-adjudicative dismissals.
A suit for specific performance of an agreement to sell and cancellation of sale deeds is barred by limitation if it is filed beyond the period of limitation prescribed under Article 54 of the Limita....
The main legal point established in the judgment is that the liberty granted in an earlier suit does not extend the period of limitation for filing a fresh suit on the same cause of action.
Limitation period for suits involving cancellation of sale deeds and declarations is a factual issue that requires proper examination, and prior suits do not preclude new claims if possession remains....
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