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PRAKASH GUPTA
Mahesh Kewalramani – Appellant
Versus
Jogendra Singh – Respondent
ORDER
Prakash Gupta, J. - This revision petition has been filed by the petitioners-defendants (for short, 'the defendants') against the order dated 27.7.2021 passed by the trial court, whereby the application filed by the defendants under Order 7 Rule 11 readwith Section 151 CPC has been dismissed.
2. Facts of the case are that the respondents-plaintiffs (for short, 'the plaintiffs') filed a suit for declaring the sale deeds dated 17.12.1963 and 9.7.1968 as null and void and to cancel them; for possession and permanent injunction. During the pendency of the suit, the defendants filed an application under Order 7 Rule 11 readwith Section 151 CPC, which came to be dismissed by the trial court vide its order dated 27.7.2021. Hence, this revision petition has been filed.
3. Learned counsel for the defendants submits that one of the relief sought by the plaintiffs for declaring the sale deeds dated 17.12.1963 and 9.7.1968 as null and void, whereas as per Article 59 of the Limitation Act, 1963, limitation for filing such suit is only 3 years, therefore, the suit filed by the plaintiffs was barred by limitation and liable to be rejected on this ground. In support of his contentions, he has p
The court established that limitation issues can involve mixed questions of law and fact, which cannot be resolved at the preliminary stage of proceedings.
The court clarified that knowledge of encroachment does not imply knowledge of a sale deed, impacting the limitation period for filing a suit.
Issues of limitation in civil suits must be resolved through evidence, preventing dismissal of plaints at an early stage based solely on claims of knowledge.
The question of limitation in civil suits is a mixed question of law and fact, requiring evidence to determine the plaintiff's knowledge of essential facts.
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....
Parties cannot waive the defense of limitation; a suit filed beyond the statutory limit must be dismissed, regardless of any concession from opposing parties.
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.
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