Supreme Court · 2005 INSC 387 · Decided 29 August 2005

Popat and Kotecha Property v. State Bank of India Staff Association

Court
Supreme Court of India
Citation
2005 INSC 387 · [2005] SUPP. 2 S.C.R. 1030
Case number
CIVIL APPEAL No. 3460/2000
Decided
29 August 2005
Bench
ARIJIT PASAYAT, H.K. SEMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

Code of Civil Procedure, 1908 : Order VII Rule 1 l(d)-Rejection of plaint-Bar of limitation- C Maintainability of-Plaintiff and defendant entered into an agreement in 1983 whereby the plaintiff agreed to build and develop the property owned by the defendant-Agreement stipulated that after was completed in the year 1984-But no lease deed was executed-Plaintiff filed D suit of declaration in 1990-Defendant filed application under n. VII R. 11 ( d) praying for rejection of plaint on the ground that suit was barred by limitation-High Court allowed the application and

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