IMPORTANT POINT
Rejection of plaint – Plaintiffs cannot be permitted to bring suits within period of limitation by clever drafting, which otherwise is barred by limitation.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the High Court of Judicature at Madras in respective C.R.P. Nos. 1931, 1921, 1973, 1968, 1975, 1976 and 1922 of 2019 by which the High Court has dismissed the said civil revision petitions and has confirmed the orders passed by the learned Trial Court rejecting the applications filed under Order VII Rule 11 of Code of Civil Procedure (hereinafter referred to as “CPC”) to reject the respective plaints filed by the appellant herein – original defendant, who has preferred the present appeals.

2. That the respondents herein – original plaintiffs have filed the respective suits before the learned Trial Court for cancellation of the sale deed executed by the plaintiffs in favour of the appellant – original defendant as null and void and also to declare that the plaintiffs are the absolute owners of the suit schedule property and consequently restrain the defendant from in any manner alienating the suit schedule property.

2.1 Having been served with summons of the suit, the original defendant – appellant herein filed applications before the learned Trial Court to reject the respective plaints in exercise of powers under Order VII Rule 11(d) of the CPC mainly on the ground that the respective suits were clearly barred by the law of limitation. The said applications were resisted by the plaintiffs by submitting that the Sale Deeds dated 12.09.2005, 19.09.2005, 22.09.2005, 29.09.2005 and 30.09.2005 for which the relief to cancel the same has been prayed in the suit was obtained by fraudulent misrepresentation and it was obtained by fraud. According to the plaintiffs, by fraudulent misrepresentation of the character of the document, i.e., as if it is a Joint Development Project, the defendant got the sale deeds and the plaintiffs without knowing the contents of the documents have executed the said deeds. According to the plaintiffs, they came to know about the same only in April, 2015 and immediately thereafter they had filed the present suits.

2.2 The learned Trial Court dismissed the applications under Order VII Rule 11 CPC by observing that the issue of limitation is a mixed question of law and facts and therefore, the respective prayers are not required to be rejected at this stage in exercise of powers under Order VII Rule 11(d) of the C.P.C.

2.3 Feeling aggrieved and dissatisfied with the orders passed by the learned Trial Court rejecting the applications under Order VII Rule 11(d) CPC and refusing to reject the plaints, the defendant filed the revision petitions before the High court.

2.4 By the impugned judgment and order, the High Court has dismissed the said civil revision petitions, which has given rise to the present appeals at the instance of the original defendant.

3. Shri Kapil Sibal, learned Senior Advocate has appeared on behalf of the appellant – original defendant and Shri Sushil Kumar Jain, learned Senior Advocate has appeared on behalf of the contesting respondents – original plaintiffs.

4. Shri Sibal, learned Senior Advocate appearing on behalf of the appellant – original defendant has vehemently submitted that in the facts and circumstances of the case, both, the learned Trial Court as well as the High Court have erred in not allowing the applications under Order VII Rule 11(d) CPC and in not rejecting the respective plaints as the same were barred by limitation. It is vehemently submitted that in the present case, the sale deeds, which are now sought to be cancelled were executed in the year 2005 and the sale consideration was paid by demand drafts and the same were credited into the bank accounts of the plaintiffs. It is submitted that the said sale deeds are registered sale deeds. It is submitted that the suits have been filed in the year 2016, i.e., after a lapse of more than 10 years and so the said