Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
GANESH RAM MEENA
A.K.G. Affordable Housing Private Limited – Appellant
Versus
Prakash Kumar Sharma S/o Late Shri Durgalal Sharma – Respondent
ORDER :
1. Both-Civil Revision and Civil Misc. Appeal No. 5235/2024 arise out of one suit, were continuously listed together since last so many dates and with the consent of the parties, it was heard along-with the connected civil misc. appeal. The connected Civil Misc. Appeal No.5235/2024 is in regard to the order of temporary injunction and this revision petition is in connection with order on an application filed under Order VII Rule 11 CPC. This revision petition which was heard along-with the connected civil misc. appeal is being decided by a separate order.
2. This civil revision petition has been filed by the defendant/ petitioner under section 115 of the Code of Civil Procedure against the order dated 18.10.2024 passed by the Court of learned Addl. District Judge No.10, Jaipur Metropolitan-I (Headquarter Sanganer) [for short ‘the court below’] in Civil Suit No. 124/2024 (In CIS No. 224/2024), Prakash Kumar Sharma & Anr. v. A.K.G. Affordable Housing Private Limited, whereby the court below dismissed the application filed by the defendant/ petitioner under Order VII Rule 11 read with section 151 CPC.
3. The facts borne out from the pleadings are that that the plaintiffs/responde
Limitation period for suits involving cancellation of sale deeds and declarations is a factual issue that requires proper examination, and prior suits do not preclude new claims if possession remains....
A plaint can be rejected under Order VII Rule 11 if it is barred by limitation or fails to disclose a cause of action, emphasizing the necessity for clear and truthful averments.
(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 rejection of a plaint under Order VII Rule 11 CPC on grounds of limitation requires a full trial when the issue involves mixed questions of law and fact.
Rejection of plaint – Whether suit is barred by any law must be determined from statements in plaint and it is not open to decide the issue on the basis of any other material including written statem....
The limitation for cancellation suits begins from the time the plaintiff becomes aware of the grounds for cancellation, not from the date of the instrument's execution.
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
