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CALCUTTA HIGH COURT
Sanjib Banerjee, J
CALCUTTA LANDING AND SHIPPING CO. LTD. – Appellant
Versus
SMT. MANBASA DEVI (since deceased) represented by MR. KUMAR OM PRAKASH AND OTHERS – Respondent
| Table of Content |
|---|
| 1. revisional applications under art.227 and their implications. (Para 1 , 2 , 3) |
| 2. arguments around limitation and rights assertion in property disputes. (Para 4 , 5) |
| 3. legal significance of timeline and accrual of rights in claims. (Para 6 , 9 , 10) |
| 4. final decision based on adverse possession and limitation principles. (Para 7 , 18) |
| 5. consequences of failing to seek possession in liability claims. (Para 12 , 14 , 24 , 25) |
1. The revisional application under Art.227 of the Constitution of India is at the instance of the defendant No. 1 in a suit for declaration of title and is directed against the Order No. 42 dated March 24, 2021 passed by the 4th Court of learned Civil Judge (Junior Division) at Howrah in the said suit being Title Suit No. 543 of 2015. On the death of the original plaintiff, the present opposite party Nos. 1 to 5 have been substituted in the said suit in her place as plaintiffs.
2. The petitioner by an application under Order VII R.11 of the Code of Civil Procedure prayed for rejection of the plaint of the said suit inter alia, on the grounds that the plaint does not disclose any cause of action against the defendant no. 1 and the suit is barred b
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