SUDHANSU JYOTI MUKHOPADHAYA, S.A.BOBDE
Suresh Kumar Dagla – Appellant
Versus
Sarwan – Respondent
Certainly. Here are the key points from the provided legal document:
The case involves a dispute over the validity of a sale deed obtained by the appellant, which the first respondent claims was procured through fraud and cheating (!) (!) .
The sale deed was executed in favor of the appellant and his father, and the first respondent had received consideration for the land involved (!) .
The first respondent filed a criminal complaint alleging cheating and fraud related to the sale deed, which was dismissed by the Special Judge as a false complaint (!) (!) .
Subsequently, the first respondent filed a civil suit seeking to declare the sale deed null and void, but the appellant contended that the suit was barred by limitation, as it was filed after a significant delay from the date of the sale deed (!) (!) .
The appellant filed applications under Order 7 Rule 11 and other provisions, asserting that the suit was barred by limitation and should be dismissed (!) (!) .
The trial court dismissed the application, and the High Court upheld this decision, leading the appellant to appeal further (!) (!) .
The appellate court found that the first respondent had knowledge of the sale deed as early as September 1993, which was well before the filing of the suit in August 2006 (!) (!) .
It was held that the suit was time-barred because it was filed beyond the statutory limitation period, and the benefit under the relevant land revenue code could not be claimed by the first respondent (!) (!) .
Consequently, the appellate court set aside the orders of the lower courts, allowed the appellant's application under Order 7 Rule 11, and dismissed the suit as barred by limitation (!) (!) .
The decision emphasizes the importance of timely filing suits and the effect of knowledge of facts on the accrual of the limitation period.
JUDGMENT
Sudhansu Jyoti Mukhopadhaya, J. - This appeal has been preferred by the appellant-defendant No. 1 against the order dated 12th September, 2012 passed by the High Court of Chhattisgarh, Bilaspur in Civil Revision No. 120 of 2012. By the impugned order, the High Court upheld the Trial Court's order dated 23rd June, 2012 refusing to allow the application filed by the appellant under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure (hereinafter referred to as, "the CPC") for dismissal of suit on the ground that the suit is barred under the law and thereby dismissed the civil revision application.
2. The factual matrix of the case is as follows :
The 1st respondent executed a registered sale deed dated 30th November, 1992 in favour of the appellant and his father in respect of land admeasuring 0.64 acres in Khasra No. 445; land admeasuring 1.71 acres in Khasra No. 625; land admeasuring 0.42 acres in Khasra No. 575; land admeasuring 0.22 acres in Khasra No. 576 of agricultural land situated in Village Sakri, Tehsil Takhatpur, District Bilaspur after receiving consideration for an amount of Rs. 2,72,000/-. Subsequently, the 1st respondent-plaintiff filed a compla
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