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PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
Daliben Valjibhai – Appellant
Versus
Prajapati Kodarbhai Kachrabhai – Respondent
JUDGMENT :
1. Leave granted.
2. The appellants, as plaintiffs, instituted a suit for cancellation of an alleged registered sale deed dated 04.12.2004 said to have been executed by them conveying the plaint scheduled property in favour of the respondents/defendants on 10.04.2017. They have alleged that the said sale deed was brought about through fraudulent means and the plaintiffs came to know of it only on 31.03.2017, when the Deputy Collector issued notice to the appellants on an application filed by the defendants for correcting the revenue entries. After receiving the said notice, the appellants claim to have applied and obtained a certified copy of the alleged sale deed and having realised thereafter that their signatures were forged, they instituted the suit on 18.04.2017 for a declaration and cancellation of the sale deed.
3. Within one month of the institution of the suit, the defendants filed an application under Order 7 Rule 11, CPC, for rejection of plaint on two grounds; the first being that the plaintiffs have not joined the Sub-Registrar as the defendant no. 2 and that the mandatory notice under Section 80 CPC was not given. We are not concerned with this ground. The sec
Limitation for filing a suit based on fraud begins from the date of knowledge, not the date of registration of the deed.
Rejection of plaint – Plaintiffs cannot be permitted to bring suits within period of limitation by clever drafting, which otherwise is barred by limitation.
The main legal point established in the judgment is that a suit can be rejected under Order VII Rule 11 of the CPC if it is found to be manifestly vexatious and without merit, and does not disclose a....
A plaint can be rejected under Order VII Rule 11 if it is barred by limitation or fails to disclose a cause of action, emphasizing the necessity for clear and truthful averments.
A suit filed more than three years post-execution of a sale-deed is barred by limitation regardless of claims of security, emphasizing the necessity of timely legal action.
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