Back
KSHITIJ SHAILENDRA
Shrivatsa Goswami – Appellant
Versus
Anant Prasad Singh – Respondent
JUDGMENT :
(Kshitij Shailendra, J.)
1. Heard Shri Tarun Agrawal, learned counsel for the defendant-appellant and Shri Rahul Sripat, learned Senior Counsel assisted by Shri Ishir Sripat, learned counsel for the plaintiff-respondents.
2. The instant appeal has been converted from "Second Appeal" to "First Appeal From Order" under the previous orders of this Court, inasmuch as, the order impugned is an order of remand passed in civil appeal.
3. The appellant is defendant in Original Suit No.83 of 2022 (Anant Prasad Singh v. Shrivatsa Goswami and others). The suit was filed claiming a decree for declaring a registered gift deed dated 25.05.1968 and another gift deed dated 17.10.1987, registered on 15.01.1988 as null, void ab initio, irrelevant and ineffective, insofar as the plaintiff’s rights are concerned. In the said suit, an application under Order VII Rule 11 C.P.C. was filed by the defendant-appellant which was allowed by the trial court on 22.11.2022. Consequently, the plaint was rejected holding the suit as barred by limitation by invoking Order VII Rule 11(d) CPC. Against the order of trial court, Civil Appeal No.67 of 2022 (Anant Prasad Singh v. Shrivats Goswami and another) was
The court ruled that limitation issues require evidence and cannot be decided solely on the plaint's initial averments, emphasizing the need for a holistic reading of the plaint.
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.
Gift deed - Rejected the plaint - Limitation - Suit is barred by limitation in view of pleadings of appellant that he came to know about gift deeds only two days prior to filing of suit as such issue....
(1) Rejection of plaint – When a document referred to in plaint, forms basis of plaint, it should be treated as a part of plaint – Court cannot look into written statement or documents filed by defen....
Limitation for filing a suit based on fraud begins from the date of knowledge, not the date of registration of the deed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
