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I have property civil suit pending. Please suggest me
18-May-2023 (In Civil Law)
In a civil suit, the petitioner filed suit for declaring registered gift deed executed by her as null and void. The gift deed was executed in 2002. The petitioner filed the suit in 2013.In the suit, she says it came to her knowledge in 2006 that said gift deed was fraudulently done.She says being Senior citizen she could not file suit for 7 years from 2006 to 2013. It is clearly time barred as per article 59 of limitation act. The plaintiff expired in 2014.Two of her sons have become plaintiff LR1 AND LR2. To avoid limitation act, they have sought amendment saying they have come to know about said gift deed only in 2013. Question is can LRs change the original petition of plaintiff by seeking such amendments. If allowed so the defendant shall lose benefit of time lapse as rule 59 of limitation act. Should such an amendment be allowed although trial has not started.
Let them amend the plaint, then, you may take objections qua limitation etc . Present petitioners are themselves destroying their case; as cause of action has totally been changed. The original pltff had had a cause of action under d Sr Citizen act, whereas, it wud b difficult to prove fraud on your part by the recent pltff cum legal heirssince complete factual matrix are deficit so pls supply the same for better advice. Thnx
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Adv. Sanjeeva Gupta
Panchkula | 25+ Answers
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What is cancellation of decree under Specific Relief Act?
The Specific Relief Act of 1963 governs the cancellation of instruments through Sections 31 and 32. The Section 31 of the Specific Relief Act, 1963 allows any party to a contractual agreement who has a legal right to cancel a contract.
What is the limitation for filing suit for cancellation of decree?
The Limitation Act, Article 59, allows for the cancellation or revocation of a document or decree. It also permits the renunciation of a contract. The period of limitation for a contract is three years.
What is the procedure for cancellation of decree?
Preparation of an application: Prepare a request for review of the decree in accordance with Order 47 of CPC. This application must be filed at the same court as the one that issued the decree. In your application, you should clearly state the grounds for which you seek to cancel the decree. 10-Feb-2018
certainly the period of limitation cannot be waived irrespective of the submissions of LRs but it should be kept in mind that if the LRs are able to show that the original plaintiff was restrained from filing suit with in stipulated time for some sufficient reason then certainly the court may take that into consideration while deciding the plea of limitation.
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Adv. Umesh Kumar Yadav
Gurgaon | 25+ Answers
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