Continues Limitation to Suit

- Continues - Limitation - To Suit.......?

                                     

- Basically ever suit shall be filed within limitation as provided in law.

- But in the some cases  of Continuing Breach of Contract or in the case of a Continuing Tort , a fresh period of Limitation Begins to Run at every moment of the time during which the Beach or the Tort , as the case may be Continues.

- For example  suit in respect of Encroachment on Public Street - cause of action continues as long as such wrong and injury continues.

- Suit for eviction of Trespasser in such suit trespass continues so long as until title of the owner hostile.

- In suit of breach of contract non performance of obligation by party to contract can not be said to be continuing Breach.

== Relevant Provision==

- Section 22 of The Limitation Act 1963.

= Relevant Judgement==

- Vinay Ambadas Kaikini v/s Court Receiver , High Court of Judicature At Bombay 2010(6) M.L.J.407.

- Hari Ram v/s Jyoti Prasad AI.R. 2011 S.C.952 = 2011(2) ALL.M.R.457(S.C.).

- Anna Parisa Chougule v/s Sulochana Nabhiraj Chougule 2017(6)M.L.J.693. = 2017(5) ALL.M.R.525.

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Third - Party- Application.....

....  Third Party Application.......!

                                    

- Basically third party application by necessary or proper party is maintainable in any proceeding.

- The court can at any stage of the proceeding either on the application made by the parties or otherwise direct impleadment of any person as party who ought to have been joined as plaintiff or defendant or whose presence is necessary for effective and complete adjudication of the issues involved in the suit.

- A necessary party is the person who ought to be joined as party to the suit and in whose absence an effective decree cannot be passed by the court.

- A proper party is a person whose presence would enable the court to completely effective and properly adjudicate upon all matters and issues though he may not be a person in favour or against whom a decree is to be made.

- If a person is not found to be a proper or necessary party the court does not have jurisdiction to order his impleadment against the wishes of the plaintiff.

=== Relevant Provision ==

- Order 1 Rule 10 of C.P.C.

____ Relevant Judgement ____

- Shri V.J.Thomas v/s Shri Pathrose Abraham & Ora A.I.R 2008 S.C.1503.

- Kasturi v/s Iyyamperumal and Ors A.I.R.2005 S.C.2813.

- Vidur Impex and Traders Pvt. Ltd. V/s Tosh Apartments Pvt. Ltd. A.I.R.2012 S.C.2925.

- Richard Lee v/s Girish Soni and Anr A.I.R.2017 S.C.921.

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Transposition - Defendant as Plaintiff

... Transposition..... Civil - Suit 

                               

         

- In civil suit defendant may apply application for transposition of him as Plaintiff. 

                                   

- Basically where a suit is withdrawn or abandoned by a plaintiff and a defendant applies to be transposed as a plaintiff,  the court shall in considering such application a substantial question to be decided as against any of other defendants. 

- Provision of transposition is made only to avoid another suit. 

- Transposition facility is given basically to a pro forma defendant who has identical interest with plaintiff. 

= = Relevant Provision = = =

- Order 23 Rule 1A of Civil Procedure Code 1908.

- -  - Relevant Judgement  - - - -

- K. K. Modi v/s K. N. Modi and Ors. etc. 1998 SAR 254 = 1998(3) SCC 573.

- kashibai Waman Patil v/s Taukir Ahmed Mohamed Hanif Khan 2015(6) All. M.R.340 = 2015(3) Bom. C. R. 466.

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Witness Examination Before Hearing

- Examination of Witness before Hearing and Party appear as Witness after other witness....

                         

                                  

- Basically evidence of witness or party may be recorded after framing of issues.

- But if party to suit ( plaintiff or defendant ) shows sufficient cause or a witness is about to leave the jurisdiction of the court, the court may upon the application of any party allow to record evidence of witness at any time after institution of the Suit.

- - - - Also basically party to suit himself appear as witness before other witness on his behalf.

- But with permission of the court party may appear as witness after other witness on his behalf.

------ Relevant Provision ---------

- Order 18 Rule 16 & Rule 3A of C.P.C.

= = Relevant Judgement = ==

- Vijaysingh Godhandas v/s Dwarkadas Mulji 2001(4)M.L.J.735.

- Humberto v/s Floriano 2000(1) M.LJ.690.

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