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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
S.P.R.Velumurugan – Appellant
Versus
S.P.R.Rajmohan – Respondent
ORDER :
The defendants 4 and 11 in O.S.No.127 of 2024 on the file of the Additional District Court, Paramakudi, Ramnad District have filed the above civil revision petition seeking to strike off the plaint on the ground that the suit is barred by limitation.
2. A perusal of the records reveal that the first respondent in the revision petition has filed the above said suit for the relief of declaration that the registered sale deed dated 29.06.2018 registered in Document No. 860 of 2018 executed by the 1st defendant in favour of the 4th defendant is null and void and not binding upon the plaintiff and the 11th defendant. The plaintiff has further prayed for permanent injunction restraining the defendants from alienating the suit schedule properties in favour of others.
3. The plaint averments reveal that the plaintiff and the 11th defendant are the brothers and they jointly owned the suit schedule properties. They have jointly executed a power deed in favour of the 1st defendant on 15.03.2018. Relying upon the power deed, the 1st defendant has executed a mortgage deed in favour of his wife on 16.03.2015. Thereafter, the 1st defendant has sold the property in favour of the 4th defendant
Parties cannot waive the defense of limitation; a suit filed beyond the statutory limit must be dismissed, regardless of any concession from opposing parties.
The court held that if a plaint shows no valid cause of action and is barred by limitation, it should be rejected to prevent misuse of legal process.
The court established that limitation issues can involve mixed questions of law and fact, which cannot be resolved at the preliminary stage of proceedings.
A suit filed after the statutory limitation period lacks a valid cause of action and must be dismissed without trial.
The court clarified that knowledge of encroachment does not imply knowledge of a sale deed, impacting the limitation period for filing a suit.
The rejection of a plaint under Order VII Rule 11 CPC on grounds of limitation requires a full trial when the issue involves mixed questions of law and fact.
The court ruled that the plaintiffs had knowledge of the sale deed in 2014, making their 2019 suit barred by limitation.
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.
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