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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Onkar Singh – Appellant
Versus
Surinder Singh – Respondent
JUDGMENT :
Vikram Aggarwal, J.
1. Defendants (Onkar Singh and others) assail the order dated 09.07.2025 passed by the Court of Civil Judge (Junior Division), Amritsar, vide which the application under Order 7 Rule 11 of the Code of Civil Procedure (hereinafter referred to as 'the CPC') was only partly allowed.
2. The facts, as emanating from the revision petition, are that the respondent-plaintiffs (Surinder Singh and others) instituted a suit (Annexure P.1) for possession of land measuring 11 kanals 6 marlas (fully described in the plaint) situated within the revenue estate of village Walla, Tehsil and District Amritsar (hereinafter referred to as 'the suit property'). A declaration was also sought to the effect that mutation No. 5364 as regards transfer of the suit property from the name of Kuldeep Singh (father of the plaintiffs) in the names of the defendants on the basis of some sale deed, was wrong, illegal, null and void and that the sale deed, if any, was a forged, fabricated and void document, which was liable to be set aside. Transfer of the suit property by defendants No. 1 to 3 to defendant Nos. 4 to 6, was also stated to be illegal.
3. It was averred in the suit that the s
The court held that a plaint can only be rejected under Order VII Rule 11 if it does not disclose a cause of action, and the issue of limitation is a mixed question of law and fact.
Rejection of plaint – Plaintiffs cannot be permitted to bring suits within period of limitation by clever drafting, which otherwise is barred by limitation.
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 limitation for cancellation suits begins from the time the plaintiff becomes aware of the grounds for cancellation, not from the date of the instrument's execution.
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