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U. DURGA PRASAD RAO, SUMATHI JAGADAM
Veluru Prabhavathi – Appellant
Versus
Sirigireddy Arjun Reddy – Respondent
JUDGMENT :
U. Durga Prasad Rao, J.
1. Aggrieved by the order dated 05.03.2024 in I.A. No. 10/2024 in O.S No. 87/2023 passed by learned VI Additional District Judge, Kadapa allowing the petition filed by the petitioner/defendant No. 1 under order VII rule 11 C.P.C. seeking to reject the plaint, the instant appeal is filed by the appellant/plaintiff.
2. The matrix of the case is thus:
(b) The plaintiff's case briefly is that the suit schedule property situated in Pulivendula Mandal was belonged to Veluru Papi Reddy, who purchased the same under a registered sale deed dated 18.05.1961 and he sold the same to the plaintiff under a registered sale deed dated 13.05.1996 and ever since purchase, the plaintiff has been enjoying the same.
(c) While so, the plaintiff left f
The court ruled that the plaintiff's suit was timely as she only discovered the fraudulent sale deed in October 2023, emphasizing that limitation is a mixed question of fact and law.
The limitation period for filing a suit based on fraud begins when the plaintiff first becomes aware of the fraud, not at the time of execution of the disputed documents.
A suit filed to declare a sale deed null and void is barred by limitation if not filed within three years from the date of registration, and must disclose a valid cause of action.
A plaint can be rejected under Order VII Rule 11 for non-disclosure of cause of action and being barred by limitation if claims are based on prior known events.
A plaintiff alleging fraud must demonstrate due diligence in discovering such fraud; failure to provide original title documents and delay in action can lead to rejection of plaint under CPC Order VI....
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