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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Tejinder Singh – Appellant
Versus
Govinder Singh – Respondent
| Table of Content |
|---|
| 1. procedural history of parallel family suits and revivals (Para 1 , 2 , 3 , 4 , 5 , 7) |
| 2. plaint rejection application under limitation dismissed (Para 8 , 9 , 10) |
| 3. arguments on limitation post apex court transposition (Para 11 , 12 , 13) |
| 4. closed suit limitation irrelevant to revived suit (Para 14 , 15 , 16) |
| 5. revived suit proceeds from prior stage with original pleadings (Para 17 , 18 , 19 , 20 , 21) |
| 6. s.21(2) deems transposed plaintiff original filer; petition dismissed (Para 22 , 23 , 24 , 25 , 26 , 27 , 28) |
JUDGMENT :
Sandeep Sharma, J.
Instant petition filed under Article 227 of the Constitution of India lays challenge to order dated 25.03.2025 passed by learned Additional District Judge-I, Shimla in Civil Suit No.8-S/1 of 2014/1997, whereby an application having been filed by the petitioner under Section 3 of the Limitation Act read with Order 7 Rule 11(d) and Section 151 CPC, praying therein for rejection of plaint, came to be dismissed.
2. For having bird’s eye view, facts relevant for adjudication of the case at hand, as emerge from the pleadings adduced on record by respective parties are that one Mr. Pravir Singh son of Mr. Govinder Singh (respondent No.
Transposition of defendant as plaintiff deems suit instituted on original date per Section 21(2) Limitation Act; limitation from closed subsequent suit irrelevant for Order 7 Rule 11(d) rejection; pr....
The principle of res judicata and the provisions of Order XIV Rule 2 of the Code of Civil Procedure, 1908 were central to the court's decision.
A disputed question cannot be decided as a preliminary issue.
The main legal point established in the judgment is that the right to sue first accrues when the fact first comes to the knowledge of the plaintiff, and if a suit is filed beyond the limitation perio....
(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....
(1) Rejection of plaint – Rejection of a plaint under Order VII Rule 11(d) CPC by reading only few lines and passages and ignoring other relevant parts of plaint is impermissible – Court has to go th....
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