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    <title>2016 (3) TMI 1437 - MADHYA PRADESH HIGH COURT</title>
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    <description>A plaint may be rejected under Order VII Rule 11 when the bar of law is apparent from its own averments, including limitation. On the pleaded facts, the challenge to registered sale deeds was instituted long after their execution, so limitation was visible from the plaint and rejection was justified. The suit was also treated as barred by Order II Rule 2 because the later relief arose from the same cause of action and should have been claimed earlier. The plaint further failed to satisfy the pleaded requirements for part performance under Section 53-A, readiness and willingness, and mandatory pleadings, while a bare declaration and injunction were held unsustainable where an agreement to sell created no title and further relief was available.</description>
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    <pubDate>Tue, 08 Mar 2016 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=303005</link>
      <description>A plaint may be rejected under Order VII Rule 11 when the bar of law is apparent from its own averments, including limitation. On the pleaded facts, the challenge to registered sale deeds was instituted long after their execution, so limitation was visible from the plaint and rejection was justified. The suit was also treated as barred by Order II Rule 2 because the later relief arose from the same cause of action and should have been claimed earlier. The plaint further failed to satisfy the pleaded requirements for part performance under Section 53-A, readiness and willingness, and mandatory pleadings, while a bare declaration and injunction were held unsustainable where an agreement to sell created no title and further relief was available.</description>
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      <pubDate>Tue, 08 Mar 2016 00:00:00 +0530</pubDate>
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