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IN THE HIGH COURT OF BOMBAY AT GOA
AMIT S.JAMSANDEKAR
Aramita Phyllis D’souza, Thr. Her Poa Holder, Mr. Raghunandan Malgaonkar – Appellant
Versus
Anna Maria Sharon Pinto – Respondent
ORDER :
AMIT S. JAMSANDEKAR, J.
1. By the present Civil Revision Application, the Applicant has challenged the order dated 4th June 2025 (the impugned order passed by the Learned Civil Judge, Civil Senior Division, Mapusa Goa (the Learned Judge) in SCS No. 16 of 2025. By the impugned order, the Learned Judge has rejected the Application filed by the Applicant under Order VII Rule 11 (d) of the Code of Civil Procedure, 1908.
2. The 1st Respondent (original Plaintiff) filed the suit, inter alia seeking a declaration that the last Will and Testament dated 31st May 2008 (the said Will) is illegal and null and void. The 1st Respondent also sought a declaration that the Deeds of Sale dated 16th August 2024 are illegal, unlawful and void ab initio, and consequently, has sought cancellation of the same. A relief of permanent injunction is also sought by the 1st Respondent.
3. The Applicant filed an Application under Order VII Rule 11 (d) of the Code of Civil Procedure, 1908 and sought rejection of the plaint on the ground that the suit is barred by the Law of Limitation. It is the main contention of the Applicant that the said Will is a registered document and therefore, limitation shall comme
Limitation under Article 58 for challenging Will and sale deeds thereunder accrues not from mere knowledge of Will but from infringement via execution of deeds and mutation in records, amid pending p....
The court held that the issue of limitation is a mixed question of law and fact, necessitating a full trial for resolution.
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.
(1) Rejection of plaint – When a document referred to in plaint, forms basis of plaint, it should be treated as a part of plaint – Court cannot look into written statement or documents filed by defen....
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....
The court ruled that issues of limitation and contractual validity arising from disputed facts cannot be decisively adjudicated at the stage of rejecting a plaint, necessitating a trial based on evid....
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