Back
MAHENDAR KUMAR GOYAL
Kamruddin (D) – Appellant
Versus
Chand – Respondent
JUDGMENT :
Mahendar Kumar Goyal, J. - Although, the matter comes up on the stay application; but, on the request of the learned Counsels for the respective parties this revision petition has been heard on its merit at this stage.
2. This revision petition is filed by the petitioners/defendants (for brevity, "the defendants") against the order dated 3.5.2018 passed by the learned Senior Civil Judge, Sawaimadhopur (for brevity, "the learned Trial Court") in Civil Suit No. 13/2017 whereby, an application filed by them under Order 7, Rule 11 CPC has been dismissed.
3. The relevant facts in brief are that the respondent No. 1/plaintiff (for brevity, "the plaintiff') filed a suit for cancellation of decree dated 15.11.2000 passed by the learned Civil Judge (Senior Division), Sawaimadhopur in Civil Suit No. 3/2000 and permanent injunction. It is stated in the plaint that in the aforesaid suit filed by Shri Kamruddin, the predecessor-in interest of the defendant, against him for specific performance and permanent inunction, compromise decree dated 15.11.2000 was obtained fraudulently exerting undue pressure upon him. It is also alleged that the decree dated 15.11.2000 was in-executable and un
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....
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 clarified that knowledge of encroachment does not imply knowledge of a sale deed, impacting the limitation period for filing a suit.
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.
The court established that the issue of limitation is a mixed question of law and fact, necessitating a full trial to resolve, rather than dismissal at the application stage.
The suit is not barred by limitation as it was filed within the timeline from the plaintiff's knowledge of the cancellation of the settlement deed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
