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ROHIT RANJAN AGARWAL
Narayan Singh – Appellant
Versus
Ratan Lal (Since Deceased) – Respondent
JUDGMENT :
ROHIT RANJAN AGARWAL, J.
1. Heard Sri Alok Kumar Yadav, learned counsel for the appellants and Sri Nipun Singh, learned counsel for the respondents.
2. This is defendants’ second appeal filed under Section 100 of Code of Civil Procedure, 1908 (hereinafter referred to as ‘C.P.C.’) against judgment and order dated 28.04.2022 passed by Additional District Judge, Court No. 3, Gautam Budh Nagar in Civil Appeal No. 3 of 2020, setting aside the order of trial court dated 24.12.2019 passed in Original Suit No. 88 of 2018 allowing the application under Order 7 Rule 11(d) of C.P.C. and rejecting the plaint of the plaintiffs-respondents.
3. Facts in nutshell, are that plaintiffs, Ratan Lal and Rewati were sons of Itwari Lal and had the third brother named Kirori. Kirori had died earlier. He had one son, Dalu who was issue-less, and had three real sisters, while had one step sister, Rampyari. The three sisters of Dalu had predeceased. According to plaint averment, Dalu died on 02.02.1981, while a Will was said to have been prepared on 28.01.1982 which was registered before the Sub-registrar, Khurja, District-Bulandshahar on 11.02.1982 bequeathing the agricultural land in favour of Rampy
The question of limitation is a mixed question of law and fact, and the suit cannot be thrown out at the threshold without framing issues and considering evidence.
The trial court improperly relied on defendant's documents and evidence in dismissing the plaint at the preliminary stage under Order VII Rule 11, highlighting the necessity for evidence before decid....
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.
The court emphasized that a plaint cannot be rejected based on potential defenses, reaffirming the principle that the merits of the case require evaluation at trial, not at the initial stage of the a....
Legal actions must be initiated within prescribed time limits, and stale claims that lack timely assertion cannot proceed; thus, suits filed beyond the limitation period are barred by law.
The court established that the issue of limitation is a mixed question of law and fact, necessitating a full trial to resolve, rather than dismissal at the application stage.
Rejection of plaint – Whether suit is barred by any law must be determined from statements in plaint and it is not open to decide the issue on the basis of any other material including written statem....
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