Back
SUBODH ABHYANKAR
Sunil – Appellant
Versus
Bashir Khan – Respondent
JUDGMENT
SUBODH ABHYANKAR, J. - This revision petition has been filed by the petitioner/defendant No.2 under Sec. 115 of the Code of Civil Procedure against the order dtd. 15/06/2022, passed by the Third Civil Judge, Junior Division, Mandsaur (M.P.) in RCSA No.301-A/2020 whereby the application filed by the petitioner under Order 7 Rule 11 of CPC has been dismissed.
2. In brief, the facts of the case are that the respondent No.1/plaintiff filed a civil suit for declaration of title and permanent injunction against the present petitioner and the respondents No.2 to 5 in respect of the agricultural land situated at Village Daulatpura, Tehsil and District Mandsaur on the ground that the disputed lands belong to Late Gulsher Kha, the father of the plaintiff who had also filed a case in the Court of Tehsildar, Mandsaur against Hurmat Kha S/o Kale Kha under Sec. 38 of Jamindar Abolition Act claiming his title under the said Act. The aforesaid case was decided by the Tehsildar vide its order dtd. 22/03/1960 and the Bhumi Swami rights were given to Late Gulsher Kha being the Pakka Krishak. The case of the plaintiff is that the aforesaid land is in continuous possession of the plaintiff afte
The application under Order 7 Rule 11 of CPC should be drafted with clarity and simplicity, and the court can dismiss a suit if it concludes that, based on the averments of the plaint, the suit is ba....
A suit challenging a sale deed must be filed within the limitation period; failure to do so results in the suit being barred.
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....
Issues of limitation and sale deed validity require full trial; defenses are not assessed at the preliminary dismissal stage under CPC.
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....
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
