Back
IN THE HIGH COURT OF BOMBAY AT GOA
SUMAN SHYAM, AMIT S.JAMSANDEKAR
Balaji Construction Company – Appellant
Versus
Lira Siraj Shaikh, w/o. Mr. siraj Shaikh – Respondent
| Table of Content |
|---|
| 1. appeal against plaint rejection under order vii rule 11. (Para 1 , 2) |
| 2. sale agreements and gpa executed for suit property. (Para 3 , 4) |
| 3. prior suit dismissed for unregistered firm; slp questions open. (Para 5 , 6 , 7) |
| 4. registered firm files new suit post-slp dismissal. (Para 8 , 9 , 10) |
| 5. contentions on limitation, fresh cause, res judicata. (Para 11 , 12 , 13) |
| 6. cause arose 1993; limitation expired; slp no fresh cause. (Para 14 , 15 , 16 , 17 , 18) |
| 7. o7 r11(d) rejects time-barred plaints despite registration. (Para 19 , 20 , 21 , 22 , 23) |
| 8. evangelical lutheran precedent distinguished and inapplicable. (Para 24 , 25 , 26) |
| 9. appeal dismissed without costs. (Para 27 , 28) |
JUDGMENT :
(Per SUMAN SHYAM, J.)
1.This First Appeal is directed against the Judgment and Order dated 05.06.2018, passed by the learned Adhoc IInd Additional Senior Civil Judge, Margao, allowing the application filed by the Respondents-Defendants nos. 25(a) 25(b) and 25(c), under Order VII Rule 11 of the Civil Procedure Code, 1908, (CPC), rejecting the plaint filed by the Appellant-Plaintiff.
2. The facts and circumstances of the case, giving rise to the filing of the present Appeal, shorn of unne
Fresh suit for specific performance by registered firm after unregistered firm's suit dismissal is barred by Article 54 limitation if beyond three years from 1993 refusal; SLP leaving questions open ....
A suit for specific performance cannot be maintained by partners of a dissolved firm; and claims are barred under Section 69 of the Indian Partnership Act and the Limitation Act.
The court upheld the trial court's rejection of the plaint as time-barred, emphasizing the necessity of timely enforcement of agreements and the court's duty to examine plaints for cause of action.
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 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....
(1) Rejection of plaint – Rejection of earlier suit under Order VII Rule 11 of CPC does not bar fresh suit on same cause of action provided right of action is not barred by law of limitation.(2) Reje....
Point of Law : Jurisdiction of the court to take action under Order 7, Rule 11(d) of the CPC can arise only in case where the pleadings in the plaint are sufficient to disclose the bar to the suit, a....
(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....
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
