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ALKA SARIN
Vijay Singh Marwaha – Appellant
Versus
Shashi Kamra @ Shashi Rani – Respondent
| Table of Content |
|---|
| 1. overview of the legal heirs' claim. (Para 1 , 2 , 3) |
| 2. arguments regarding the suit's limitation. (Para 4 , 5 , 6 , 7) |
| 3. facts regarding the will and estate. (Para 8 , 9 , 10) |
| 4. court's analysis of limitation and legal precedents. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. decision on the petition and trial court's order. (Para 17 , 18) |
JUDGMENT
Alka Sarin, J. (Oral)
The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 12.09.2019 passed by the Trial Court whereby the application under Order 7, Rule 11 CPC filed by the defendant-petitioners has been dismissed.
2. The brief facts relevant to the present lis are that the respondent No.1 filed a suit on 02.04.2013 for declaration to the effect that the plaintiff-respondent No.1 being daughter and Class-I legal heir of late Smt. Shanti Devi, widow of Balbir Singh Marwaha, was entitled to the estate of Smt. Shanti Devi w/o Late Sh. Balbir Singh Marwaha to the extent of 1/7th share and further for a mandatory injunction directing the defendant No.1 therein to transfer the estate left behind by the deceased Smt. Shanti Devi in the name of the plaintiff to the ext
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....
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....
A perusal of the observations made indicates that the Court while laying down the above proposition has used the word ‘ordinarily’ and has not laid down that even in a case where the issue of limitat....
The court emphasized that questions of limitation and cause of action are mixed issues of law and fact best resolved at trial, not at the application stage.
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 rejection of the plaint on the ground of limitation is a mixed question of fact and law, and the application under Order VII Rule 11 CPC is to be decided based on the averments in the plaint.
It is settled law that while considering application filed under Order 7, Rule 11(d) of C.P.C., defence is immaterial and Court has to only look into averments of plaint and application cannot be dec....
A plaint can be rejected under Order VII Rule 11 if it does not disclose a cause of action or is barred by limitation, emphasizing the need for substantive over procedural assessment.
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