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1 - 10 of 23 (1.38 seconds)The Code of Civil Procedure, 1908
Article 58 in Constitution of India [Constitution]
Popat And Kotecha Property vs State Bank Of India Staff Association on 29 August, 2005
As against this, counsel for the
respondents relied upon a later judgment of this
Court in Popat and Kotecha Property v. State
Bank of India Staff Assn. in respect of the
proposition that Order VII Rule 11(d) was not
applicable in a case where a question has to be
decided on the basis of fact that the suit was barred
by limitation. The point as to whether the words
barred by law occurring in Order VII Rule 11(d)
CPC would include the suit being barred by
limitation was not specifically dealt with in either
of these two judgments, cited above.
Article 65 in Constitution of India [Constitution]
Article 142 in Constitution of India [Constitution]
Article 144 in Constitution of India [Constitution]
M/S. J. Patel And Company vs National Federation Of Industrial ... on 18 August, 1995
State Bank Of India Staff Association vs Popal And Kotech Property on 31 March, 2000
S. M. Karim vs Mst. Bibi Sakina on 14 February, 1964
Adverse possession must be adequate in
continuity, in publicity and extent and a plea is
required at the least to show when possession
becomes adverse so that the starting point of
limitation against the party affected can be found.
There is no evidence here when possession became
adverse, if it at all did, and a mere suggestion in
the relief clause that there was an uninterrupted
possession for "several 12 years" or that the
plaintiff had acquired "an absolute title" was not
enough to raise such a plea. Long possession is not
necessarily adverse possession and the prayer
clause is not a substitute for a plea. The cited cases
need hardly be considered, because each case must
be determined upon the allegations in the plaint in
that case.