Back
DELHI HIGH COURT
JYOTI SINGH
Radnik Exports – Appellant
Versus
STL Global Limited – Respondent
| Table of Content |
|---|
| 1. condonation of delay in filing revisions (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. facts regarding earlier suits and contempt (Para 7 , 8 , 9) |
| 3. issues raised by petitioners for rejection of plaints (Para 10 , 11 , 12 , 13) |
| 4. respondent's counterarguments to petitioners' claims (Para 14 , 18 , 19) |
| 5. trial court's reasoning for rejecting the applications (Para 15 , 17 , 21) |
| 6. interpretation of section 14 of limitation act (Para 22 , 23 , 24) |
| 7. limitations and need for evidence in mixed questions (Para 28 , 29) |
| 8. judicial precedents and their applicability (Para 30 , 31 , 32) |
| 9. conclusion and dismissal of revision petitions (Para 33 , 34) |
JUDGMENT
Jyoti Singh, J. (Oral)
C.M. APPL. 46454/2017 (condonation of delay in filing the revision petition, by Petitioners) in C.R.P. 276/2017
C.M. APPL. 46463/2017 (condonation of delay in filing the revision petition, by Petitioners) in C.R.P. 277/2017
1. Present applications have been preferred on behalf of the Petitioners for condonation of delay of 41 days in filing both the revision petitions.
2. Issue notice.
3. Mr. Aditya Goel, learned counsel accepts notice on behalf of the Respondent.
4. For the reasons stated in the applic
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 for the benefit of Section 14 of the Limitation Act, 1963 to apply, the prior proceeding must have been prosecuted with due diligence and good....
The question of limitation is a mixed question of law and fact and cannot be decided based solely on the averments in the plaint. The court emphasized that such issues require evidence and should be ....
The grounds for rejection of a plaint under Order VII Rule 11 of the CPC cannot be examined at the stage of defendant's evidence and go into the merits of the suit, which should be decided during the....
The court affirmed that a plaint cannot be dismissed under Order VII Rule 11 if it discloses a cause of action and emphasized that authorized representatives can validly file affidavits supporting pl....
The application for rejection of the plaint has to show that the suit is barred by law and the said bar should appear from the pleadings of the plaintiff itself. The court found that the learned Tria....
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
