Law:

Section:

Civil Procedure Code (V of 1908)----- -----O. VII, Rr. 11 & 6-----Transfer of Property Act (IV of 1882), S. 119-----Limitation Act (IX of 1908), S. 14-----Specific Relief Act (I of 1877), S. 8-----Suit for possession----- Limitation----- Plaint, rejection of----- Exclusion of time for prosecuting the case before a court not having jurisdiction----- Requirements-----Defendants moved application for rejection of plaint which was dismissed by the Trial Court but appellate Court rejected the same being time barred-----Validity-----Cause of action arose in favour of plaintiffs in the year 1977-----Plaintiffs instead of approaching the civil court in the first instance assailed the order of cancellation of allotment before the High Court and then before the Supreme Court-----Plaintiffs after failure from the Supreme Court had not resorted to civil court which was the ultimate court for cancellation of registered document-----Plaintiffs continued to prosecute their case before the revenue hierarchy and even after final order of the Member Board of Revenue they had not approached the civil court but assailed his order in constitutional petition-----Plaintiffs had filed the present suit without application under S. 14 of Limitation Act, 1908 after dismissal of their constitutional petition-----No particulars and dates of institution of earlier civil proceedings before the revenue courts and High Court and Supreme Court had been given in the plaint-----Plaintiffs had not asserted in the plaint that they were prosecuting their case before different courts under bona fide impression that said courts had jurisdiction to decide the matter-----Plaintiffs had not claimed exception for excluding of time in their plaint which according to them was consumed in prosecuting the litigation in revenue courts and High Court-----Plaintiffs had to first admit that their suit or appeal was time barred then court could consider the request for condonation of delay-----Plaintiffs could not take the benefit of O. VII, R. 6, C.P.C. and S. 14 of Limitation Act, 1908-----Plaintiffs had not claimed that defendants were privy to the fraudulent allotment and S. 119 of Transfer of Property…

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