Back
JYOTI SINGH
Kamlesh Kumari – Appellant
Versus
Seth Bhagwam Dass Educational Society – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)
1. Present petition has been filed by the Petitioners laying a challenge to the impugned order dated 21.10.2019 passed by the Trial Court in Case No. 10505/2016, whereby their application under Order VII Rule 11 CPC has been dismissed. Petitioners are Defendants before the Trial Court and Respondents No. 1 and 2 herein are the Plaintiffs and parties hereinafter are referred to by their litigating status before the Trial Court.
2. At the outset, it needs to be mentioned that while the application was filed by the Defendants raising numerous grounds for rejection of the plaint, learned counsel for the Defendants submits that he would restrict his arguments to the objection relating to the bar of limitation.
3. Plaintiff No. 2 is the real brother of late Sh. Shyam Sunder Goyal and at the time of inception of Plaintiff No. 1 Society in 1986, Plaintiff No. 2 was the President of the Society. As per the Defendants, Plaintiff No. 2 remained as a President for only one year and thereafter the Governing Body of the Society represented by Defendant No. 1 as President of the Society has been managing affairs of the Seth Bhagwan Dass School set up by Plaintiff
The court held that the issue of limitation for rejection of plaints is a mixed question of law and fact, necessitating evidence rather than being resolved at the preliminary stage.
The main legal point established in the judgment is that the benefit of Section 14(1) of the Limitation Act would not be available if the earlier suit was dismissed after adjudication on its merits a....
Period of limitation – Object to advance cause of justice must be kept in mind while considering bar of limitation.
Time spent in bona fide and diligent prosecution of writ petition, despite jurisdictional defect, excludable under Section 14 of Limitation Act when filing subsequent civil suit for same claim.
A disputed question cannot be decided as a preliminary issue.
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
