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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Kumar Beharay Properties LLP through its Authorized Signatory – Appellant
Versus
Rajesh Chandrakant Shinde – Respondent
The court's final conclusion is that the suit filed by the plaintiff is conclusively barred by limitation and constitutes vexatious litigation. The comprehensive reading of the entire pleadings reveals that the cause of action arose during the lifetime of the plaintiff's father, who did not initiate any proceedings within the prescribed limitation period. The plaintiff's attempt to assert claims based on a subsequent discovery of a Will and alleged rights is deemed to be an afterthought aimed at circumventing the statute of limitations. Consequently, the trial court's order rejecting the application for rejection of the plaint under Order VII Rule 11 was erroneous, and the suit is liable to be dismissed on the ground of limitation. The appellate court's approach to examining the pleadings and the nature of the suit underscores that it was initiated with an ulterior motive and without a legitimate cause of action within the statutory timeframe. Therefore, the court has set aside the impugned order and rejected the plaint accordingly, allowing the revision applications and emphasizing that the proceedings are a clear misuse of the judicial process.
JUDGMENT :
SANDEEP V. MARNE, J.
1. These Revision Applications are filed challenging the order dated 9 September 2016 passed by the 11th Civil Judge Senior Division, Pune rejecting Application at Exhibit 41 filed by Defendant No.10 and Application at Exhibit 85 filed by Defendants Nos.1 and 2 seeking rejection of Plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (the Code). Defendant No.10 is aggrieved by the impugned order and has filed Civil Revision Application No. 27 of 2017. Defendants Nos.1 and 2 are also aggrieved by rejection of application of Defendant No. 10 and have filed Civil Revision Application No. 29 of 2017.
2. Land bearing Survey No. 69/5B/2, 69/8/1, 70/1 to 17A at Village-Kothrud admeasuring 1,37,790 sq.mtrs was sold by one Raju Maruti Shinde to Defendants Nos.1 and 2 (Vidya Devkule and Shakun Apte) by registered sale deed dated 19 July 1964. Land admeasuring 5,000 sq.mts was acquired by the National Highway Authority leaving net land of 1,32,790 sq.mtrs. On 4 January 1975, Defendants Nos.1 and 2 entered into Agreement for Sale with Pushpadant CHSL in respect of land admeasuring 8,362 sq.mtrs. The Agreement however remained in abeyance on account o
The court held that a suit for specific performance is barred by limitation if not initiated within three years of refusal, emphasizing the importance of meaningful pleadings.
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powers under Section 84-C of the Act will have to be exercised within reasonable time. The question then would arise what would be the reasonable time for exercise of such powers and what would be it....
The suit was filed after a delay of 28 years and no genuine cause of action was found from the plaint, leading to the dismissal of the appeal.
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