https://www.taxtmi.com/caselaws?id=308852 The court found the appellant's suit seeking declaration, partition, possession, and injunction regarding a property to be barred by limitation. The dismissal of the suit was upheld, emphasizing the strict application of the Limitation Act. The court clarified that the suit was not "duly instituted" due to the limitation issue, precluding the issuance of summons. The rejection of the plaint was justified under Order VII Rule 11 of CPC. The appellant's failure to establish the period of limitation and the knowledge of the instrument led to the dismissal of the suit, with costs awarded against the appellant. en-us Mon, 21 May 2018 00:00:00 +0530 Fri, 28 Jul 2023 09:23:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=308852 The court found the appellant's suit seeking declaration, partition, possession, and injunction regarding a property to be barred by limitation. The dismissal of the suit was upheld, emphasizing the strict application of the Limitation Act. The court clarified that the suit was not "duly instituted" due to the limitation issue, precluding the issuance of summons. The rejection of the plaint was justified under Order VII Rule 11 of CPC. The appellant's failure to establish the period of limitation and the knowledge of the instrument led to the dismissal of the suit, with costs awarded against the appellant. Case-Laws Indian Laws Mon, 21 May 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=308852