Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR, J
Mahindra World City Developers – Appellant
Versus
M. Natarajan – Respondent
| Table of Content |
|---|
| 1. background of land exchange and dispute (Para 1 , 2) |
| 2. arguments against suit's timing and merit (Para 3 , 4) |
| 3. supreme court precedent on suit dismissals (Para 5 , 6 , 12) |
| 4. illusory cause of action and limitations criteria (Para 7 , 8 , 14) |
| 5. respondent's justifications for limitations (Para 9 , 10) |
| 6. court's observations on the lack of evidence and belated claims. (Para 13) |
| 7. final ruling based on limitations and evidence (Para 15 , 16) |
| 8. conclusion of case and order issued (Para 17) |
ORDER :
M. NIRMAL KUMAR, J.
1. The petitioners/defendants in O.S.No.100 of 2022 filed a petition I.A.No.2 of 2022 under Order VII Rule 11 of Code of Civil Procedure to reject the plaint in O.S.No.100 of 2022 on the file of the Additional Subordinate Court, Chengalpattu which was rejected by the Trial Court by order dated 02.03.2024. Against which, the present petition is filed.
2. The background of the case is that the respondents filed a suit in O.S.No.100 of 2022 seeking for cancellation of the Deed of Exchange dated 18.05.2007 registered as Document No.7090 of 2007 on the file of Joint-II SRO, Chengalpattu, the subsequent deed of Rectification of said Exchange Deed dated 29.06.2007
A suit seeking cancellation of a deed executed 15 years prior is barred by limitation, as the plaintiffs failed to establish a legitimate cause of action within the prescribed period.
(1) Rejection of plaint – When a document referred to in plaint, forms basis of plaint, it should be treated as a part of plaint – Court cannot look into written statement or documents filed by defen....
A plaint can be rejected under Order VII Rule 11 for non-disclosure of cause of action and being barred by limitation if claims are based on prior known events.
The main legal point established in the judgment is that the right to sue first accrues when the fact first comes to the knowledge of the plaintiff, and if a suit is filed beyond the limitation perio....
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
