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MEENAKSHI MADAN RAI
Sarad Ghalay – Appellant
Versus
Chewang Lhamu Bhutia – Respondent
JUDGMENT
Meenakshi Madan Rai, J. - Appellant is aggrieved by the Order dated 31-10-2019, of the Court of the Learned District Judge, Special Division -I, East Sikkim, at Gangtok, in Title Appeal No.03 of 2019 (Sarad Ghaley vs. Chewang Lhamu Bhutia and Others).
(i) Relevantly, it may be mentioned that the Learned First Appellate Court considered an Appeal preferred before it, against the Order dated 12-03-2019, of the Court of the Learned Civil Judge, East Sikkim, at Gangtok, in Title Suit No.01 of 2018 (Sarad Ghaley vs. Chewang Lhamu Bhutia and Others), which had rejected the Plaint of the Appellant herein, on an application filed by the Respondent No.2, under Order VII Rule 11, read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter, the 'CPC'). The Learned First Appellate Court upheld the Order of the Learned Trial Court. Assailing the Order of the Learned First Appellate Court, the Appellant is before this Court.
2. This Second Appeal was admitted on the following substantial question of law;
'Whether the plaintiff has rightly been non suited by the Courts below on the ground of limitation in the facts of the present case, however (sic., or whether), the judgment and
The court established that a plaintiff's knowledge of property encroachment is critical in determining the limitation period for filing a suit, and such knowledge must be substantiated by evidence.
The limitation period for challenging registered sale deeds starts upon acquiring knowledge of the transaction, not merely from the registration date, reaffirming the necessity of trial for evidentia....
(1) Plaint which is vexatious, illusory cause of action and barred by limitation, ought to be rejected in exercise of powers under Order VII Rule 11(a) and (d) of CPC.(2) Rejection of plaint – While ....
A plaint can be rejected under Order VII Rule 11 of the CPC if it is manifestly vexatious, does not disclose a clear right to sue, and is barred by limitation, particularly when the plaintiff does no....
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