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Raghwendra Sharan Singh vs Ram Prasanna Singh(Dead) on 13 March, 2019

“7.1. At this stage, it is required to be noted that, as such, the plaintiff has never prayed for any declaration to set aside the gift deed. We are of the opinion that such a prayer is not asked cleverly. If such a prayer would have been asked, in that case, the suit can be said to be clearly barred by limitation considering Article 59 of the Limitation Act and, therefore, only a declaration is sought to get out of the provisions of the Limitation http://www.judis.nic.in 18/26 C.R.P.No.1921 of 2019 Act, more particularly, Article 59 of the Limitation Act. The aforesaid aspect has also not been considered by the High Court as well as the learned trial Court.”
Supreme Court - Daily Orders Cites 17 - Cited by 177 - M R Shah - Full Document

I.T.C. Limited vs The Debts Recovery Appellate Tribunal & ... on 19 December, 1997

In I.T.C. Ltd. v. Debts Recovery Appellate Tribunal and Ors. (1998 (2) SCC 70) it was held that the basic question to be decided while dealing with an application filed under Order VII Rule 11 of the Code is whether a real cause of action has been set out in the plaint or something purely illusory has been stated with a view to get out of Order VII Rule 11 of the Code.
Supreme Court of India Cites 5 - Cited by 509 - M J Rao - Full Document
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