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SANDEEP N. BHATT
Sonbai Jusha Sodha – Appellant
Versus
Sonalben Velji Harijan – Respondent
JUDGMENT :
1. The present Second Appeal under Section 100 of the Civil Procedure Code, (hereinafter referred to as “the C.P.C.”) has been preferred by the appellants – original plaintiffs by challenging the impugned order dated 11.12.2023 passed in Regular Second Appeal No.10 of 2023 by the learned 4th Addl. District Judge, Gandhidham, Kachchh.
2. Brief facts of the case as per the case of the appellants in this appeal are as such that the appellants are the original plaintiffs of Regular Civil Suit No.126 of 2018,and the respondents are the original defendants. The land bearing survey no.130, admeasuring hector 1- 71-99 pratiare, situated at - village: Mithirohar, Ta. Gandhidham was originally owned by the ancestor of the plaintiff i.e. grandfather of the plaintiff namely Sodha Ishaq Visha. That after the demise of the father of the plaintiff i.e. Jusha Ishaq, partition of joint properties in the name of ancestor was carried out and vide entry no. 1526, the said property was mutated only in the name of Haru Jusha Sodha. That Haru Jusha Sodha sold the said property to Velji Govind Harijan (predecessor of respondent no. 1 herein) in the year 1994 and entry no. 1661 was mutated. Ther
The court emphasized the importance of proving ownership, adhering to limitation periods, and joining necessary parties in civil suits.
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.
The court emphasized the importance of proving ownership and complying with the rules of non-joinder of parties and limitation in civil suits.
The suit was filed after a delay of 28 years and no genuine cause of action was found from the plaint, leading to the dismissal of the appeal.
The court upheld that the limitation period for challenging a sale deed starts upon knowledge of the transaction, confirming the lower courts' rejection of the plaint on limitation grounds.
The main legal point established in the judgment is the need for a meaningful reading of the plaint, scrutiny of the cause of action, and prevention of illusory causes of action to avoid circumventin....
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