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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Mantri Building Condominium – Appellant
Versus
Mantri Building Condominium – Respondent
SANDEEP V. MARNE, J.
1) Defendant No.1-Condominium has filed the present Application seeking rejection of Plaint under the provisions of Order VII Rule 11 of the CIVIL PROCEDURE CODE , 1908 (the Code). According to Applicant-Defendant No.1, the Suit is hopelessly barred by limitation as the same challenges Declaration dated 1 October 2004 and Deeds of Apartment dated 4 November 2004, 6 November 2004, 10 November 2004 and 6 October 2005 and Deeds of Transfer dated 1 February 2005.
2) Plaintiffs’ case as pleaded in the Plaint is that they are children of late Mr. Sharad Madhavrao Gangla. By an Indenture dated 22 March 1921, Bombay Improvement Trust granted lease of land admeasuring 732.45 sq.mtrs bearing Plot No.61, Scheme No.4 of Gamdevi Estate and Cadastral Survey No.1655 of Girgaon Division together with building thereon known as ‘Mantri Building’ comprising of ground plus two upper floors and having 17 units (16 residential units and one commercial unit) situated at Street No.56, Gamdevi Road, Mumbai-400 007 in favour of Mr. Ramchandra Bhaskar Mantri. The lease was granted for a term of 999 years commencing from 4 November 1916. By Deed of Assignment dated 18 May 1925, s
The suit regarding alienation of ancestral property is governed by Article 109 of the Limitation Act, allowing for a 12-year period, which was not adhered to, leading to its dismissal.
(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 limitation period for challenging registered sale deeds starts upon acquiring knowledge of the transaction, not merely from the registration date, reaffirming the necessity of trial for evidentia....
The limitation period for challenging a deed starts from the date of knowledge, not from its execution, allowing the suit for partition to proceed.
The court emphasized that questions of limitation and cause of action are mixed issues of law and fact best resolved at trial, not at the application stage.
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....
A plaint can be rejected under Order VII Rule 11 of the CPC if it is manifestly vexatious, does not disclose a clear right to sue, and is barred by limitation, particularly when the plaintiff does no....
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.
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