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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, SUPRATIM BHATTACHARYA
Baijnath Singh – Appellant
Versus
Vijay Singh – Respondent
JUDGMENT :
SABYASACHI BHATTACHARYYA, J.
1. The plaintiff/appellant is the father of the defendant/respondent.
2. The present appeal arises out of a suit filed by the plaintiff/appellant for the following reliefs:
(a) That a decree of declaration be passed declaring that the aforesaid deed of gift being No. I-355 of the year 2006 of the office of the ADSR, Asansol is void as has been obtained by the Defendant by practicing fraud, undue influence and misrepresentation upon the plaintiff.
(b) That a further decree of declaration be passed declaring that the said deed of gift being No. I-355 for the year 2006 of the office of the Additional District Sub-Registrar, Raniganj is void ab-initio, no nest and the same is to be cancelled.
(c) That a decree of permanent injunction be passed restraining the defendant & his men, agents, employees, executors from transferring, alienating the suit property and from changing the nature and character of the same.
(d) A copy of the decree be sent to the Additional District Sub-Registrar, Raniganj to expunge the instrument being No. I-355 of the year 2006 of the Additional District Sub-Registrar, Raniganj.
(e) that a decree for cost of the suit.
(f) That any o
Gift deed - Rejected the plaint - Limitation - Suit is barred by limitation in view of pleadings of appellant that he came to know about gift deeds only two days prior to filing of suit as such issue....
The main legal point established in the judgment is the application of Order VII Rule 11 of the Civil Procedure Code, 1908, and the determination that the suit was barred by limitation.
Legal actions must be initiated within prescribed time limits, and stale claims that lack timely assertion cannot proceed; thus, suits filed beyond the limitation period are barred by law.
The court held that a plaint can only be rejected under Order VII Rule 11 if it does not disclose a cause of action, and the issue of limitation is a mixed question of law and fact.
The essential facts must be proven to obtain a decree, and the cause of action should be disclosed in the plaint in a manner justifiable in law.
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