FIRST LAW

Limitation Act, 1963 - Sections 5 and 14 -  Object & purpose of prescribing limitation - Extension of prescribed period in certain cases - Exclusion of time of proceeding bona fide in court without jurisdiction - Time spent for pursuing the matter before the Consumer Forum had to be excluded .

Civil Procedure -  Limitation - Rejection of Plaint - Plaint could not have been rejected on the ground of limitation - At the threshold, without any evidence being recorded, the Courts ought not to have rejected the plaint on the ground that the suit is barred by limitation.

The Limitation Act, 1963 - Section 5 - Second Appeal - Delay of 1942 days - Lawyer did not take timely steps, which resulted in causing delay in its filing / refiling, then, it cannot be regarded as a sufficient cause.

The Petroleum and Minerals, Pipelines (Acquisition of Right of User in Land) Rules, 1963 - Rule 5 - Application to the District Judge for determination of compensation - Does Section 5 of the Limitation Act, 1963 apply to an application for determination of compensation filed under Rule 5 of the Rules before the District Judge? Held, Application under Section 5 of the Limitation Act, 1963 is maintainable for invoking Rule 5 of the Petroleum and Minerals, Pipelines (Acquisition of Right of User in Land) Rules, 1963.

A person who asserts possessory title over a particular property will have to show that he is under settled or established possession of the said property. But merely stray or intermittent acts of trespass do not give such a right against the true owner. 

A case ought not to have decided on the weakness of defence and it is the duty of claimant to plead and prove his case and Court should not blindly rely upon the averments made in the plaint/claim petition even in absence of counter affidavit/written statement.

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.

A dverse Possession -  there is no legal hurdle for a plaintiff to set up title to an immovable property and in the alternative, a prescriptive title acquired by adverse possession and limitation for claiming any relief in respect of the property.