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...instituted beyond the period of limitation, on the face of it, the rules of pleading under Order 7 Rule 6 CPC requires a claim of exemption from any limitation law ought to be stated, if the plaintiff was...the manner contemplated under Order 7 Rule 11 CPC.
3. The impugned order is set aside and the revision petition is allowed. The plaint is ordered to be rejected...
...Order 7 Rule 6 CPC permits the plaintiff exemption from limitation where a suit is instituted after the expiration of the period prescribed by the law of limitation and, therefo...Courts fell in error in dismissing the suit as time barred. In order to understand the contention advanced on the strength of the provision cited, Order 7 Rule 6 CPC is...reproduced: 0“Order 7 Rule 6 CPC - Grounds of exemption from limitation law - Where the suit is instituted after the expiration of the period prescribed by the...
...provisions of Order 7, Rule 6, CPC in order to non suit the plaintiff.9. The trial court was quite clear in its own mind, which is apparent from the obser.... The trial court apparently tried to justify (in disregarding Exh. 48) by invoking the provisions of Order 7, Rule 6, CPC, against the plaintiff. According to the trial...Court, Order 7, Rule 6, CPC requires, and casts upon the plaintiff “a duty to show in plaint the ground on which he claims exemption from the law of limitation, it must be...
...limitation, all by himself, if it can be decided without making any investigation into the question of facts, and even if the opposite party did not claim limitation. According to Order 7, Rule 6...1. This is a petition for grant of a writ of certiorari directed against the order of the Rajasthan State Go-operative Tribunal, Jaipur, dated June 29, 1971. The petitioner the Central...transferred to the Churu Bank by a deed of transfer executed on 15-7-1961, whereby an amount of Rs. 7,71,577.10 paise were to be paid by the Churu Bank to the Bikaner Bank. In pursuance of this settlement, the...
...interpretation attached to Order 7 Rule 6 CPC i.e. where a suit is instituted after the expiration of period prescribed by the law of limitation, the plaint shall show the ground...Order 7 Rule 11 CPC for rejection of plaint was dismissed. [2]. Plaintiff/respondent filed a suit for declaration to the effect that the principal loan amount...case, under Order 7 Rule 11 CPC, the plaint cannot be rejected at this stage. [8]. In view of above, this revision petition is dismissed. 22.11.2019 (RAJ MOHAN SINGH)...
...grounds of exemption from limitation, as required under Order 7 Rule 6 CPC, which reads as follows :
Grounds of exemption from limitation law : Where the suit is...the proviso to Rule 6 of Order 7 CPC is not applicable, as no ground has been set out in trife plaint.
9. Shri Deka appearing for the Stated has submitted...was barred by limitation.
6. The only issue that has been raised before us in this appeal is also regarding 8 limitation. Issue No.2 reads as follows :
Whether the suit...
...Order 7 Rule 6 CPC. The learned trial judge has relied-upon judgement of the privy counsel reported in AIR 1934 PC pag...Order 7 Rule 6 CPC have been pleaded in the plaint, the learned counsel in support of his argument has referred to the relevant paras of the plaint...question of maintainability of the suit can be considered by the courts of law at different stages by invoking the powers conferred thereon under Order 7 Rule 11 CPC and ...
...deposit of Rs.9973/-. This pleading is not inconsonance with order 7 rule 6 CPC where specific pleading is required for exemption from limitation. Ex.PW-1/D is the...respondent has relied M/s. Domebell Investments Pvt. Ltd. Vs. M/s. Thakur Enterprises and another 1999 (2) SLC 457.
(6...ultimately pleaded that rest of the para-4 is wrong and denied. Thus it cannot be said that respondent has not denied the payments alleged in paragraph-4 of the plaint.
(7.) The...
...on the ground that addition of new defendants is not governed by Order 6 Rule 17 CPC but by provisions of Order 1 Rule 10 CPC and that the plaintiffs, at the time of filing of suit in Dec...after expiry of prescribed period of limitation with exemption from the limitation law under Order 7 Rule 6 CPC, which provides that on showing the ground in the plaint for exemption from law of...from limitation law for the reasons; (a) that there is no such prayer and pleading on behalf of the plaintiffs as required under Order 7 Rule 6 CPC; (b) for the legal bar under the provisions of...
...outset submits that application under Order 16 Rule 6, 7 of CPC which was rejected by the trial Court, was not happily worded therefore, he seeks liberty to file fresh applicatio...Order 16 Rule 6, 7 of CPC which shall be dealt with by the trial Court as per law, considering the contents of the application. Resultantly, impugned ...Rule 6 ,7 of CPC, so that he would be in the position to contest the case regarding plea of availability of alternative accommodation taken by the...
...respondent No.7. The Office has raised an objection that by the impugned order, application under Order 7 Rule 11 of the CPC has been decided, therefore, this Miscellaneous Petition is not maintai...well as under Order 7 Rule 11 of the CPC. Order 8 Rule 6(a) of the CPC has been filed by the petitioner/defendant whereas Order 7 Rule 11 of the ...petitioner is not aggrieved by the order passed under Order 7 Rule 11 of the CPC, therefore, the Miscellaneous Petition is maintainable. Hence, Office objection is overruled. Heard on the question of...
...admission of the writ petition, co-ordinate Bench of this Court has observed while placing reliance on the proviso of Order 7 Rule 6 of CPC that the trial court should have considered the provisions...contained in Section 17 of the Limitation Act read with Order 7 Rule 6 CPC and the plaint should have been treated within time, and if by mistake an application for condonation of delay has been filed, the...deed is obtained by fraud, and the suit has been filed within a period of three years from the date of knowledge, therefore, in view of the provisions contained in Section 17 read with Order 7 Rule 6 of ...
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...Judge (Sr.Dn), Hunsur, dismissing IA No. 5 filed under Order 16 Rule 6 and 7 CPC.2. Petitioner contends that she is the wife of late K.R Nanjundaiah. Petitioner.... During the pendency of the proceedings, petitioner filed IA No. 5 under Order 16 Rule 6 and 7 CPC to summon the Head Master of the School to depose before the trail Court with ...Order 16 Rule 6 & 7 CPC is not maintainable. To know the details of death benefits of deceased Nanjundaiah, the petitioner has to work out her remedy in accordance with law, by...
...plaintiff to very specifically plead such an exemption in the plaint. As a matter of fact, under Order 7 Rule 6, CPC, it is obligatory, as a matter of pleading, to show the...summons upon it. An application moved under Order 9 Rule 7 of the CPC by the appellant was dismissed by order dated 22nd May, 1995. The appellant preferred Civil Revision...Reva Khetrapal, J.— This appeal is directed against the judgment and order of the learned Additional District Judge dated 6th December, 1996 decreeing the suit of the respondent in the sum...
..., then the same cannot be allowed. In that regard he points out Order 6 Rule 7 CPC categorically states that no pleading shall, except by way of amendment, raise any new ground...additional statement, the same is clearly barred under Order 6 Rule 7 CPC. Therefore the order passed by the Court below is perfectly legal and does not call for interfe...the said judgment also has no application to the facts of this case. Order 6 Rule 7 of CPC deals with departure in pleadings which reads as under:“Departure...
...by the plaintiff as to how it would be entitled to seek the exemption as provided under Order 7 Rule 6 CPC, in all, the courts below have rightly concluded that the plaintiff's suit is hopelessly...dated 24.07.2006 made in Appeal Suit No. 583/05 confirming the judgment and order dated 30.03.1999 passed by the learned III Asst. Judge, City Civil Court, Chennai in O.S.No.3054/95).1...signing the contract and to receive the work order, the first defendant did not put its signature nor commenced the work at the site as per the terms of the contract and despite the forwarding of the...
...passed by the Additional Civil Judge (Senior Division), Sirsa, vide which application under Order 7 Rule 11 CPC filed by the respondent was allowed and petitioner was directed to pay the ad valorem Court fee as per...acceptance of the application under Order 6 Rule 17 CPC, the amended plaint would be tested at the threshold of Order 7 Rule 11 CPC. If the proposed amendment is allowed to be in...deed. In such eventuality, the application under Order 6 Rule 17 CPC has to be decided before the decision of the application under Order 7 Rule 11 CPC. The impugned ...
...it was, therefore, necessary to recall him for further examination-in-chief under the provisions of Order 18 Rule 17 CPC.6. By order dated 7-7-2006, the learned...attorney by the appellant and the other heirs of deceased Vadiraj Naggappa Vernekar and as required under Order 17 Rule 4 CPC (sic Order 18 Rule 4), his evidence by way of an affidavit was filed before...of Order 18 Rule 17 CPC were very wide and could be made at any stage to enable the court to do complete justice between the parties.9. For the sake of reference, the...