https://www.taxtmi.com/caselaws?id=345355 Plea of limitation, Order II Rule 2 CPC, and Section 38 of the Specific Relief Act was rejected because limitation turned on disputed facts, the earlier partition suit involved a different cause of action, and Section 38 had no real application to the plaint. A suit seeking rectification of the register of members, together with consequential reliefs based on alleged fraud, collusion, and disputed title to shares, was held maintainable in civil court because the controversy involved a seriously disputed question of title that could not be effectively decided in a summary forum under the Companies Act, 2013. The civil court's jurisdiction was therefore not ousted. en-us Wed, 07 Jun 2017 00:00:00 +0530 Sat, 15 Jul 2017 10:20:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=345355 Plea of limitation, Order II Rule 2 CPC, and Section 38 of the Specific Relief Act was rejected because limitation turned on disputed facts, the earlier partition suit involved a different cause of action, and Section 38 had no real application to the plaint. A suit seeking rectification of the register of members, together with consequential reliefs based on alleged fraud, collusion, and disputed title to shares, was held maintainable in civil court because the controversy involved a seriously disputed question of title that could not be effectively decided in a summary forum under the Companies Act, 2013. The civil court's jurisdiction was therefore not ousted. Case-Laws Companies Law Wed, 07 Jun 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=345355