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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Gajendra Behera – Appellant
Versus
Parbati Rout – Respondent
| Table of Content |
|---|
| 1. facts of plaintiffs' claims against petitioner (Para 3 , 4 , 5) |
| 2. arguments on bar of limitation (Para 8 , 9) |
| 3. court analysis of limitation as mixed question (Para 10 , 11 , 12 , 13) |
| 4. dismissal of cmp (Para 14) |
JUDGMENT :
The Petitioner, who is Defendant No.2 in C.S.No. 264 of 2019 pending in the Court of learned Civil Judge (Senior Division), Chandikhole has filed this writ petition challenging the order dated 15.07.2023 passed by the learned District Judge, Jajpur in Civil Revision No.1 of 2022 confirming the order dated 05.03.2022 passed by the trial Court.
3. The facts of the case are that the present Opposite Party Nos.1 to 7 being the Plaintiffs have filed the suit against the present Petitioner and Opposite Party No.8 seeking a direction to them to execute a sale deed in their favour in respect of the suit land as per agreements dated 09.02.2009 and 16.02.2009 with further declaration of their right, title, interest and possession and for a declaration that the sale deed dated 16.11.2012 is illegal, void and not acted upon.
5. After appearing in the suit upon receiving summons, Defendant No.2 filed his written statement, inter alia, questioning its maintaina
Limitation is a mixed question of fact and law, requiring evidence for determination; a plaint cannot be dismissed at the outset if it presents a legitimate claim under the law.
A suit filed more than three years post-execution of a sale-deed is barred by limitation regardless of claims of security, emphasizing the necessity of timely legal action.
The court has the authority to reject suits under Order 7 Rule 11(d) of CPC if they are manifestly vexatious and grossly delayed, even in the absence of a plea of limitation.
The court's decision emphasized that suits should not be permitted to circumvent the rigors of Order 7 Rule 11(d) of CPC by clever drafting, and that the exercise of powers by the learned Trial Court....
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.
The court ruled that the plaintiff's suit was timely as she only discovered the fraudulent sale deed in October 2023, emphasizing that limitation is a mixed question of fact and law.
Rejection of plaint – Plaintiffs cannot be permitted to bring suits within period of limitation by clever drafting, which otherwise is barred by limitation.
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