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MILIND N. JADHAV
Prasad Nandkumar Deshmukh – Appellant
Versus
Dhaku Navlu Aukirkar – Respondent
JUDGMENT :
MILIND N. JADHAV, J.
1. The present Civil Revision Application (CRA) impugns order dated 10.04.2023 passed in Regular Civil Suit No. 25 of 2020 by the Trial Court while rejecting Application filed below Exhibit-22. Application below Exhibit-22 is filed by Defendant No. 9 in Suit proceedings under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short “CPC”) seeking dismissal of Suit and rejection of the Suit plaint. Parties shall be referred to as Plaintiff, Defendant Nos. 1 to 8 and Defendant No. 9 for convenience.
2. Briefly stated, Suit is filed in the year 2020 for specific performance of contract/agreement of the year 1989, cancellation of registered sale deed dated 25.02.2011 and declaration of title. There are three principal prayers prayed for by the Plaintiff in the Suit plaint. The declaratory relief is for declaring Plaintiff as owner of the Suit property. Relief of specific performance of agreement is of an agreement for sale of 1989 executed between predecessor-in-title of Defendant Nos. 1 to 8 and Plaintiff. Relief for cancellation of registered sale deed is of sale deed executed between Defendant Nos. 1 to 8 with Defendant No. 9. Suit is filed in t
A suit can be dismissed for being barred by limitation without requiring further evidence if the facts clearly indicate such a bar.
(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....
The court held that a suit for specific performance is barred by limitation if not initiated within three years of refusal, emphasizing the importance of meaningful pleadings.
The court ruled that issues of limitation and contractual validity arising from disputed facts cannot be decisively adjudicated at the stage of rejecting a plaint, necessitating a trial based on evid....
A plaint can be rejected under Order VII Rule 11 for non-disclosure of cause of action and being barred by limitation if claims are based on prior known events.
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.
The main legal point established in the judgment is that a suit can be rejected under Order VII Rule 11 of the CPC if it is found to be manifestly vexatious and without merit, and does not disclose a....
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....
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