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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANGEETA K.VISHEN, NIRAL R.MEHTA
Surbhi Janakbhai Katakiya – Appellant
Versus
Rajendrakumar Sureshbhai Simpi – Respondent
| Table of Content |
|---|
| 1. details surrounding the loan and property agreement (Para 2) |
| 2. appellant's arguments against trial court's order (Para 4) |
| 3. respondent's counterarguments supporting trial court's decision (Para 5) |
| 4. court's analysis on limitation due to covid-19 (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. court's conclusion on the applicability of limitation rules (Para 20 , 21 , 22 , 23) |
| 6. final dismissal of the appeal due to lack of merit (Para 24) |
JUDGMENT :
NIRAL R. MEHTA, J.
1. This Appeal under Section 96 of the Code of Civil Procedure, 1908 (for short ‘the Code’) is directed against the order dated 9.8.2024 passed by the learned 13th Additional Senior Civil Judge, Vadodara below Exh.20 in Special Civil Suit No.201 of 2023, by which the learned trial court has rejected the plaint under O.VII R.11(a) and (d) of the Code.
2. Brief facts of the case can be stated as under :
2.1 It is the case of the plaintiff that the property i.e. House bearing Plot No.23-B admeasuring 641.26 sq.mtr. situated in Kutch-Bhuj was owned by the plaintiff. Due to some financial issues, the plaintiff borrowed a sum of Rs.5 crores from the defendant and as against that, a registered sale d
The court ruled that pandemic-related limitation exemptions do not apply to suits where the limitation period expired before the onset of the lockdown.
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Court emphasized the impact of pandemic-related extensions on limitation periods, affirming that the suit, filed within the extended timeframe, was not barred by limitation.
Period of limitation – Under 23.03.2020 Order by Supreme Court, in case limitation had expired after 15.03.2020, period between 15.03.2020 and lifting of lockdown in jurisdictional area would be exte....
The main legal point established in the judgment is that the limitation to challenge an award continued during the COVID-19 pandemic, and there was no need to file an application for condonation of d....
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