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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SENTHILKUMAR
S. Madasamy – Appellant
Versus
K.A. Kumaresan – Respondent
| Table of Content |
|---|
| 1. overview of the case and procedural background. (Para 1 , 3) |
| 2. arguments regarding the limitation and nature of the trial. (Para 4 , 5 , 7) |
| 3. court's reasoning on adjudication of limitation and judicial authority. (Para 8 , 9 , 10 , 11) |
ORDER :
1. The present Civil Revision Petition has been filed challenging the order passed by the learned Principal Subordinate Judge, Nagercoil, in I.A. No.2 of 2025 in O.S. No.185 of 2025, dated 14.11.2025.
2. Heard Mr.Raguvaran Gopalan, learned Counsel for the Revision Petitioner and Mr.C.T.Perumal, learned Counsel for the respondent.
3. The respondent herein, as plaintiff, has filed a suit for declaration and injunction in O.S.No.185 of 2025 before the Principal Subordinate Court, Nagercoil, against the petitioner herein. During the pendency of the suit, the petitioner/defendant has filed an application in I.A.No.2 of 2023 under Order VII Rule (d) CPC to reject the plaint claiming title by way of a sale deed of the year 1991 and that the suit cannot be maintainable on the ground of limitation. The trial Court, vide impugned order, dated 14.11.2025, had dismissed the said application on the ground that the grounds raised by the pet
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 issues of limitation and contractual validity arising from disputed facts cannot be decisively adjudicated at the stage of rejecting a plaint, necessitating a trial based on evid....
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....
A suit filed to declare a sale deed null and void is barred by limitation if not filed within three years from the date of registration, and must disclose a valid cause of action.
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