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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
Manoj Laljibhai Baldha – Appellant
Versus
Vikasbhai Ramjibhai Sorathiya – Respondent
| Table of Content |
|---|
| 1. petition challenges lower court's rejection of plaint. (Para 1 , 2) |
| 2. arguments concerning the grounds for limitation and the nature of the appeal. (Para 4 , 5) |
| 3. court's observations regarding the application of law and rejection criteria. (Para 9 , 10 , 11) |
| 4. court's ruling on the limitations and the necessity to act timely. (Para 16 , 18) |
| 5. final verdict to reject the plaint based on outlined findings. (Para 19) |
ORDER :
1. By way of this petition u/s 115 of the Code of Civil Procedure, 1908, (in short “the Code”), the petitioner defendant challenges order dated 6.2.2024 passed by the learned Principal Civil Judge, Lodhika below Exh.15 in Regular Civil Suit No.3 of 2023 rejecting the application of the petitioner defendant filed under Order 7 Rule 11(a)(d) of the Code on the ground that suit is barred by law of limitation.
2.1 The respondent herein (orig. plaintiff) filed Regular Civil Suit No.3 of 2023 in the Court of Learned Principal Civil Judge, Lodhika on 18.1.2023 against the petitioner. The said suit was registered on 19.1.2023 inter alia praying for declaration that the sale-deed registered on 9.9.2016 vide registration no.2954 in respect of land bearing O
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 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.
A perusal of the observations made indicates that the Court while laying down the above proposition has used the word ‘ordinarily’ and has not laid down that even in a case where the issue of limitat....
A plaint can be rejected under Order VII Rule 11 if it is barred by limitation or fails to disclose a cause of action, emphasizing the necessity for clear and truthful averments.
Rejection of plaint – Whether suit is barred by any law must be determined from statements in plaint and it is not open to decide the issue on the basis of any other material including written statem....
Rejection of plaint – Plaintiffs cannot be permitted to bring suits within period of limitation by clever drafting, which otherwise is barred by limitation.
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....
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