Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Sukhendra Chandrakar, S/o. Late Natthuram Chandrakar – Appellant
Versus
Anand Chandrakar, S/o. Late Ghasiyaram Chandrakar – Respondent
Order :
AMITENDRA KISHORE PRASAD, J.
1. By way of this civil revision, the applicants have prayed for following relief:-
“It, is therefore, prayed that the Hon'ble Court may be pleased to allow the revision and be pleased to make an order to set-aside/quash the impugned order dated 17-09-2025 (Annexure A-1) and reject the plaint filed by the plaintiff in relating to Civil Suit No. 13-A/2024, in the interest of justice.”
2. The brief facts of the case are that the plaintiff/respondent No.1 instituted a Civil Suit bearing No. 13A/2024 before the learned concerned Civil Court seeking specific performance of contract, possession and permanent injunction in respect of the disputed land bearing Khasra No. 333/5, admeasuring 2.023 hectares, recorded in the name of Late Natthuram, whose legal heirs are arrayed as defendants No.1 to 4 herein.
3. It is the case of the plaintiff, as pleaded in the plaint, that he and Late Natthuram Chandrakar were real brothers, and in the year 1985 a partition had taken place amongst them and their other siblings, pursuant to which both came into possession of their respective shares. As per the said partition, the plaintiff received half share from Khasra No. 33
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....
The court held that the issue of limitation is a mixed question of law and fact, necessitating a full trial for resolution.
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.
A suit for specific performance of an agreement to sell and cancellation of sale deeds is barred by limitation if it is filed beyond the period of limitation prescribed under Article 54 of the Limita....
The main legal point established in the judgment is that the right to sue first accrues when the fact first comes to the knowledge of the plaintiff, and if a suit is filed beyond the limitation perio....
(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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
