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S. TALAPATRA, S. G. CHATTOPADHYAY
Kebal Kanti Nandi @ Kebal Nandi – Appellant
Versus
Md. Sona Mian – Respondent
JUDGMENT
S. Talapatra, J. - Heard Mr. D.K. Biswas, learned senior counsel appearing for the appellant as well as Mr. H. Laskar, learned counsel appearing for the respondent.
[2] The appellant instituted the suit for damages for realizing a sum of Rs.1,56,00,000/- from the defendant. It has been pleaded by the appellant that for repeated litigations on extremely untenable grounds, he has suffered harassment, loss of finance as well as damage for not having the custody of the land he was possessing for the order passed by the Executive Magistrate appointing the receiver in the proceeding under section 145 of the Cr.P.C. Even the plaintiff went in revision challenging the order of appointment of the receiver. But the revision court as well as this High Court, when approached, dismissed the plaintiff’s plea for vacating the said order of appointment of the receiver. The plaintiff has given the details of the litigations of various forms in the plaint. In Para 8 of the plaint, the plaintiff has asserted that this High Court passed an order on 20.11.2015 [delivered in W.P(C) No. 359 of 2015] directing the Executive Magistrate, Dharmanagar, North Tripura to restore the possession of the pla
The appellate court ruled that a tortious claim's limitation period should account for the continuing nature of the cause of action, affirming the necessity of holistic pleading interpretation.
The suit for possession based on title is governed by Article 65 of the Limitation Act, allowing 12 years from the date of adverse possession, not Article 58.
The court upheld that an amendment to include a declaration of title in a suit is barred by the limitation period defined in Article 58 of the Limitation Act if filed significantly after the right to....
A suit can be rejected if it is barred by limitation, and the limitation period begins when the right to sue first accrues, emphasizing the need for timely legal action.
(1) Rejection of plaint – When a document referred to in plaint, forms basis of plaint, it should be treated as a part of plaint – Court cannot look into written statement or documents filed by defen....
The right to sue accrues when the cause of action arises, and there must be an infringement or a clear threat to infringe the right asserted in the suit.
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