Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
GAUTAM KUMAR CHOUDHARY
Arvind Kumar Tiwary, S/o Sri Ramakant Tiwary – Appellant
Versus
Narayan Gope, S/o Late Jaleshwar Gope – Respondent
| Table of Content |
|---|
| 1. background of the civil miscellaneous petition (Para 1 , 2 , 3 , 4) |
| 2. argument regarding limitation period (Para 5) |
| 3. court's analysis on order vii rule 11 (Para 6 , 7) |
| 4. decision on preliminary issue of limitation (Para 8) |
ORDER :
1. Petitioner is the defendant and has preferred this instant civil miscellaneous petition under Article 227 of Constitution of India to quash the order dated 20.03.2025 passed in Original Suit No. 149 of 2021 by which the petition under Order VII Rule 11 of the CPC has been rejected by the learned Trial Court.
2. Plaintiff filed the suit for a declaration that registered sale deed dated 28.06.2014 executed being deed no. 1605/1415 on 28.06.2014 was vitiated by fraud, coercion, undue influence, misrepresentation and was void ab initio.
3. Petitioner/defendant filed a petition under Order VII Rule 11 read with Section 151 of the CPC for rejection of the plaint on the ground that the suit was barred by limitation.
4. Learned Trial Court by the impugned order rejected the petition vide order dated 20.03.2025 against which the instant civil miscellaneous petition has been filed.
5. It is submitted by the learned counsel appearing on behalf of t
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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
