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MANISH KUMAR NIGAM
Mohammad Usman – Appellant
Versus
Khursid Alias Bhoora – Respondent
JUDGMENT :
Manish Kumar Nigam, J.
1. Heard learned counsel for the petitioners and perused the record.
2. The present petition has been filed for the following reliefs:
(ii) Issue an order or direction setting aside the order dated 6.10.2023 passed in Civil Revision No. 79 of 2021 titled Mohammad Usman and others v. Khurshid alias Bhoora passed by the Court of Additional District Judge Court No. 1, Saharanpur.
(iii) Issue an order or direction directing that the plaint of Original Suit No. 232 of 2019 title Khurshid alias Bhoora v. Mohammad Usman and others pending before the Civil Judge (Junior Division), Deoband Saharanpur may be rejected under Order VII Rule 11 C.P.C.
(iv) Or, Issue an order or direction directing that the plea raised in the application under Order VII Rule 11 of C.P.C. may be decided as an issue without prejudic
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.
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.
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 ruled that a plaint cannot be rejected summarily under Order VII Rule 11 CPC without determining if it discloses a cause of action, especially when limitation is a mixed question of law and....
A plaint can be rejected under Order VII Rule 11 if it is barred by limitation or fails to disclose a cause of action, emphasizing the necessity for clear and truthful averments.
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....
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