VALMIKI J. MEHTA, J

RFA No. 332/2018 and C.M. Appl. No. 15540/2018 (for stay)

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 03.04.2018 by which the trial court has dismissed the suit of the appellant/plaintiff as barred by time. The suit has been held as barred by time on the ground that the suit for cancellation of the impugned documents dated 17.09.1999 has been filed in July, 2017 i.e. beyond the period of three years limitation prescribed under Articles 58 and 59 of the Limitation Act, 1963.

2. A reading of the plaint shows that the appellant/plaintiff in the suit has prayed for cancellation of the subject documents dated 17.09.1999, being the Agreement to Sell, General Power of Attorney, Affidavit, etc. whereby the respondent no. 1/defendant no. 1 is said to have been transferred the suit property by the appellant/plaintiff. The suit property being property bearing No. E-7, Hari Nagar, Part-II, Badarpur, New Delhi.

3. The appellant/plaintiff in the plaint has repeatedly pleaded that the documents dated 17.09.1999 are forged and fabricated docum