Supreme Court · 2007 INSC 1000 · Decided 3 October 2007
Ram Prakash Gupta v. Rajiv Kumar Gupta and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 1000 · [2007] 10 S.C.R. 520
- Case number
- CIVIL APPEAL No. 4626/2007
- Decided
- 3 October 2007
- Bench
- TARUN CHATTERJEE, P. SATHASIVAM (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Limitation Act
Headnote
Code of Civil Procedure, 1908-0. 7 r. 11 ( d)-Rejection of Plaint-On the ground of limitation-After 15 years of institution of c the suit-Propriety of-Held: While deciding the application under the provision, pleadings in the plaint has to be read as a whole-In the facts of the case, rejection was rejection not proper- Direction for restoration of suit-Limitation Act, 1963-Schedule, D Article 59. Appellant-Plaintiff filed a suit in 1990 making averments therein that he was a handicapped person. His father bought a piece ofland in his name. He constructed four storeys of building in
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