JYOTI SINGH
Hitender Shokeen – Appellant
Versus
Rajan Kumar Shokeen – Respondent
Key Points: - The court held that limitation is a mixed question of law and fact and cannot be decided without evidence [11000767420015][11000767420016]. - The court affirmed that a judgment/decree obtained by fraud is a nullity and non est in the eye of the law, and may be challenged in various proceedings (including revision) (!) (!) (!) . - The Supreme Court guidance that Order VII Rule 11 CPC should consider only the plaint and documents filed with it, and not pleadings outside the plaint, though issues of fraud and limitation may require trial evidence [11000767420013][11000767420023]. - The Revision Petition upheld the Trial Court’s decision to continue the suit and not reject the plaint at this stage, recognizing the complexity and triable issues requiring evidence [11000767420027][11000767420029]. - The judgments cited establish that fraud in obtaining decrees can be investigated and affect the validity of decrees and subsequent claims (!) (!) (!) (!) .
JUDGMENT
Jyoti Singh, J.
1. By this revision petition, Petitioner assails the order dated 17.08.2022 passed by the learned Trial Court in Civ DJ 7729/2016 titled as Rajan Kumar Shokeen v. Om Parkash Shokeen & Ors., whereby application filed by the Petitioner under Order VII Rule 11 CPC seeking rejection of the plaint, has been dismissed. Petitioner is Defendant No.3(C) and Respondents No.2(a), 2(b), 3, 4 and 5 are also Defendants before the Trial Court while Respondent No.1 is the Plaintiff and parties are hereinafter referred to by their litigating status before the Trial Court.
2. Facts to the extent necessary and relevant for disposal of this revision petition are that late Sh. Rattan Singh, father of Om Parkash Shokeen, Bal Kishan Shokeen and Rajinder Singh Shokeen, is stated to be the owner of House No.173 (SR-114) in Abadi/ Lal Dora and agricultural land measuring 165 bighas approximately in Village Peera Garhi, Delhi. For ready reference, a family tree is reproduced here under:
[IMG]
3. In 1963, the entire agricultural land except 2 Bighas and 10 Biswas in Khasra No.487/1 was acquired by the Government under the Land Acquisition Act, 1894 and compensation was received. As
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