Back
M. DURAISWAMY, SUNDER MOHAN
S. Dhanushkodi – Appellant
Versus
A. K. Sasikumar – Respondent
JUDGMENT :
Sunder Mohan, J.
(Prayers: O.S.A.No 175 of 2022 : Original Side Appeal filed under Order XXXVI Rule 1 of the Original Side Rules under Clause 15 of Letter Patent to set aside the order dated 08.02.2022 in A.No.141 of 2022 in C.S.No.296 of 2021.
O.S.A.No 176 of 2022 : Original Side Appeal filed under Order XXXVI Rule 1 of the Original Side Rules under Clause 15 of Letter Patent to set aside the order dated 08.02.2022 in A.No.139 of 2022 in C.S.No.296 of 2021.
O.S.A.No 175 of 2022 : Original Side Appeal filed under Order XXXVI Rule 1 of the Original Side Rules under Clause 15 of Letter Patent to set aside the order dated 08.02.2022 in A.No.140 of 2022 in C.S.No.296 of 2021.)
1. Since the issue involved in all these Original Side Appeals are common and relating to the very same suit, all the Original Side Appeals are disposed of by this common order.
2. Challenging the order passed by the learned Single Judge in Application Nos. 139 to 141 of 2022 in C.S.No.296 of 2021, filed by the 1st respondent/plaintiff to implead certain parties, the defendants have filed the above Original Side Appeals.
3. The case of the plaintiff in the applications was that he was dispossessed by the defe
The proviso to section 21 of the Limitation Act applies when the non-impleading of a new party is due to a bona fide mistake, and lack of knowledge, and may allow the suit to be deemed to have been i....
The judgment establishes the principle that the period of limitation prescribed for instituting a suit for recovery of possession under Section 6 of the Specific Relief Act must be adhered to, and fa....
Limitation issues in landlord-tenant disputes can involve mixed questions of law and fact, precluding outright dismissal during preliminary proceedings.
The court ruled that a suit under Section 6 of the Specific Relief Act requires proof of dispossession within six months, and the limitation period begins from the date of dispossession, not from the....
The main legal point established in the judgment is the interpretation of the word 'dispossessed' in triggering the cause of action for filing a suit under Sec. 6 of the Specific Relief Act, emphasiz....
The plaintiff's right to pre-emption was barred by limitation as per Article 97 of the Limitation Act, with amendments to parties not altering the original filing date without explicit court order.
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
