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    <title>2016 (4) TMI 1332 - DELHI HIGH COURT</title>
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    <description>A plaint cannot be rejected in part under Order VII Rule 11 CPC; it must be read as a whole, and a family settlement claim based on alleged ownership and long conduct could not be defeated at the threshold merely for want of a registered conveyance or prior adjudicated title. A possession decree also could not stand mechanically where part of the declaratory claim survived and related ownership defences remained open for trial. On limitation, a declaratory suit is barred only when the plaint itself clearly shows that the right to sue first accrued outside time; on the pleadings here, no such fatal bar was disclosed at the preliminary stage.</description>
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    <pubDate>Fri, 29 Apr 2016 00:00:00 +0530</pubDate>
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      <title>2016 (4) TMI 1332 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=276880</link>
      <description>A plaint cannot be rejected in part under Order VII Rule 11 CPC; it must be read as a whole, and a family settlement claim based on alleged ownership and long conduct could not be defeated at the threshold merely for want of a registered conveyance or prior adjudicated title. A possession decree also could not stand mechanically where part of the declaratory claim survived and related ownership defences remained open for trial. On limitation, a declaratory suit is barred only when the plaint itself clearly shows that the right to sue first accrued outside time; on the pleadings here, no such fatal bar was disclosed at the preliminary stage.</description>
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      <pubDate>Fri, 29 Apr 2016 00:00:00 +0530</pubDate>
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