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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Madan Gopal Vyas
Sukhram S/o Shri Maniram – Appellant
Versus
Pappu S/o Shri Sahiya – Respondent
JUDGMENT :
Madan Gopal Vyas, J.
The instant civil revision petition under Section 115 of the CPC has been filed by the petitioners-defendants against the order dated 29.11.2022 passed by learned Civil Judge, Suratgarh, District Sri Ganganagar (hereinafter referred to as the learned Trial Court) in Civil Misc. Case No. 33/2018 whereby the learned Trial Court dismissed the application filed by the petitioner- respondent no. 2 under Order 7 Rule 11 read with Section 151 of the CPC.
2. Learned counsel for the petitioner submits that the learned Trial Court has failed to consider the material available on record and the legal question raised by the petitioners-defendants while passing the impugned order.
3. It is submitted that the learned Trial Court while passing the impugned order has failed to consider that the suit was filed by the respondent-plaintiff in the year 2018, in which respondent- plaintiff challenged the sale deed dated 05.06.1953 after a delay of about 69 years. Thus, it is ex-facie clear that the suit is barred by limitation and the same should have been rejected at the threshold.
4. Learned counsel also submits that the plaintiff challenged the sale deed by way of seekin
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.
The court clarified that knowledge of encroachment does not imply knowledge of a sale deed, impacting the limitation period for filing a suit.
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 held that the issue of limitation is a mixed question of law and fact, necessitating a full trial for resolution.
The court ruled that a suit filed after a lengthy delay is barred by limitation, establishing that the commencement of limitation can start from an earlier event, not just the filing date.
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....
The main legal point established in the judgment is that a suit challenging a sale deed must be filed within the limitation period prescribed by the Limitation Act, and suppression of material facts ....
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