BD Law Reports(BLR) Online Legal Sources of Higher Court Decisions

Article 120-Plaintiff is not Bound to Institute a Suit for declaration

Article 120 – Plaintiff is not bound to institute a suit for declaration that the records of right of the suit land are wrong. When an invasion on the rights of a person is made on the basis of the wrong records of right he can file a suit for declaration of title and that suit,if brought within 6 years from the date of such invasion, is well within time. The argument that this suit being filed within 6 years from the date of alleged threatened invasion on plaintiff’s right on the basis of of wrong entry of the suit land in records of right is well within time is not acceptable at all. 67 DLR(AD) (2015) 243

Article 5- There is any prescribe time limit for filing of the civil revision

Article 5- There is any prescribe time limit for filing of the civil revision but it is long standing practice of this court that the time schedule for filing the appeal in this court is considered as the time schedule for filing of the revision and it is also settled principle that in appropriate case this court can entertain the civil revision where there appears no intentional negligence on the the part of the petitioners in filing the revision.
67 DLR(AD) (2015) 432

Article 5- When there is no any categorical explanation as to the delay

Article 5- When there is no any categorical explanation as to the delay and when the explanation comes in a very slipshod general manner which ultimately gives rise to form an opinion that the delay was due to the laches and gross negligence on the part of the petitioners then it is difficult to discover any right. 67 DLR(AD) (2015) 432

Article 113- The Limitation prescribed for a suit for specific performance of the contract,

Article 113- The Limitation prescribed for a suit for specific performance of the contract, under article 113 of the Act, is one year or if no such date is fixed. When the plaintiff has notice that performance is refused from where the cause of action accrues. It prima facie appears that the suit was filed within time which will be decided by the trial court on taking evidence .
67 DLR(AD) (2015) 208