FIRST LAW

SUPREME COURT OF INDIA | Arun Mishra, S. Abdul Nazeer & M.R. Shah , JJJ. S.L.P. (C) Nos. 30404 - 30442 of 2017 08-08-2019 Laches and Delay - If the aggrieved party does not initiate the proceedings within the period of limitation without any sufficient cause, he can be denied the relief on the ground of unexplained laches and delay and on the presumption that such person has waived his right or acquiesced with the order. It is a very recognised principle of jurisprudence that a right not exercised for a long time is nonexistent. Even when there is no limitation period prescribed by any statute relating to certain proceedings, in such cases, courts have coined the doctrine of laches and delay as well as doctrine of acquiescence and non­suited the litigants who approached the court belatedly without any justifiable explanation for bringing the action after unreasonable delay. In those cases, where the period of limitation is prescribed within which the action is to...

The Code of Civil Procedure, 1908 – Order VII Rule 11 – Rejection of Plaint - Merits and demerits of the matter cannot be gone into at this stage, while deciding an application filed under O.VII R.11 of the CPC.