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AMARJOT BHATTI
Manjit Singh – Appellant
Versus
Amritpal Singh – Respondent
JUDGMENT :
AMARJOT BHATTI, J.
1. The petitioners/defendants Manjit Singh and others have filed present civil revision for quashing of order dated 11.01.2023, Annexure P-1, passed by learned Civil Judge (Jr. Divn.), Ludhiana in Civil Suit No. 54/2021 titled as Amritpal Singh and Another vs. Ranjit Singh and Others for mandatory injunction directing the defendants to return the entire advance money of Rs.1.50 crore which was received by them from the plaintiffs on the basis of agreement dated 21.03.2008 along with compensation and interest as detailed therein, in which their application for rejection of plaint under Order 7 Rule 11 CPC was declined by passing the impugned order against the settled law.
2. The learned counsel for the petitioners argued that the petitioners are owners of land in dispute in two villages namely village Bonkar Dogran, Tehsil and District Ludhiana and village Mujara Khurd, Tehsil and District Ludhiana. At one point of time, one agreement to sell dated 21.03.2008 was executed by Zorawar Singh for himself and on behalf of others in favour of Manjit Kaur, respondent No. 2 wife of respondent No. 1, regarding 23 Kanals 11 Marlas of land in village Mujara Khurd and
The main legal point established in the judgment is that the application of Order 7 Rule 11 CPC in a civil suit involving mixed questions of law and fact, such as the determination of the period of l....
The court ruled that issues of limitation and contractual validity arising from disputed facts cannot be decisively adjudicated at the stage of rejecting a plaint, necessitating a trial based on evid....
The question of limitation is a mixed question of law and fact and cannot be decided based solely on the averments in the plaint. The court emphasized that such issues require evidence and should be ....
The main legal point established is that a suit for specific performance is barred by limitation if filed beyond the prescribed period, as per Article 54 of the Limitation Act, 1963.
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....
The issue of limitation for specific performance of a contract is a mixed question of fact and law, and the plaint cannot be rejected solely based on the averments in the plaint.
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