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J. C. DOSHI
Jadavbhai Jerambhai Chavda – Appellant
Versus
Koli Savsi Amra Since Decd Through Lh. – Respondent
JUDGMENT :
(J.C. Doshi, J.)
1. This First Appeal under section 96 of Code of Civil Procedure takes exception to the order passed below Exh.10 by the learned Principal Senior Civil Judge, Gondal, by which, in exercise of power under Order 7 Rule 11 of CPC plaint of Special Civil Suit No.66 of 2017 has been rejected.
2. For convenience and brevity parties are referred to as per status before the learned Trial Court.
2.2. Facts of the case are as under :-
2.3. Plaintiff – Jadavbhai Jerambhai Chavda as trustee of Swarminarayan Temple Trust, Junagadh filed Special Civil suit No.66 of 2017 before the learned Principal Senior Civil Judge, Gondal (in short ‘the learned Trial Court’) for cancellation of sale deed No.1743 and sale deed No.1744 dated 09.04.1990 with specific relief that sale deeds are not binding to the plaintiff and sought relief to direct defendant to hand over peaceful and vacant possession of the disputed land. According to the averments made in the plaint, land bearing survey no.205/1 ad-measuring 19 Acres 14 Gunthas and land bearing survey No.205/2 ad-measuring 0 Acres 26 Gunthas situated at village – Padwala, Taluka – Kotdasangani is subject matter (in short “subject land”
The Court upheld the rejection of the plaint, establishing that suits challenging registered documents must be filed within the designated limitation period and emphasized that clever drafting cannot....
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.
powers under Section 84-C of the Act will have to be exercised within reasonable time. The question then would arise what would be the reasonable time for exercise of such powers and what would be it....
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.
(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....
The limitation for cancellation suits begins from the time the plaintiff becomes aware of the grounds for cancellation, not from the date of the instrument's execution.
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.
A suit filed more than three years post-execution of a sale-deed is barred by limitation regardless of claims of security, emphasizing the necessity of timely legal action.
The court has the authority to reject suits under Order 7 Rule 11(d) of CPC if they are manifestly vexatious and grossly delayed, even in the absence of a plea of limitation.
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