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U. DURGA PRASAD RAO, KIRANMAYEE MANDAVA
Talluri Swathi – Appellant
Versus
Bathini Venkatesh – Respondent
JUDGMENT :
U. Durga Prasad Rao, J.
1. Assailing the order dated 23.01.2023 in I.A. No.785/2021 in O.S. No.371/2018 passed by the learned II Additional District Judge, Guntur allowing the petition filed by the respondents/defendants 2 & 3 under Order VII Rule 11 and Section 151 CPC and consequently rejecting the plaint, the plaintiff filed the instant appeal.
2. The factual matrix of the case is thus:
(b) While so, when D1 requested D2 & D3 to
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.
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.
Rejection of plaint – Plaintiffs cannot be permitted to bring suits within period of limitation by clever drafting, which otherwise is barred by limitation.
The court has the authority to reject suits under Order 7 Rule 11(d) of CPC if they are manifestly vexatious and grossly delayed, even in the absence of a plea of limitation.
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.
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