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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Piyush Parihar – Appellant
Versus
Manuii @ Munni Devi – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. defendants' claim of limitation bar (Para 7 , 8) |
| 3. trial court's reasoning on limitation (Para 9) |
| 4. plaintiff's contention on readiness and fraud (Para 10 , 11 , 12) |
| 5. defendants' counterarguments (Para 13) |
| 6. court's assessment of legal arguments (Para 14) |
| 7. legal standards on limitation and fraud (Para 15 , 16 , 17) |
| 8. court's observations on parties' conduct (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 9. final ruling and directions to the trial court (Para 24 , 25 , 26 , 27 , 28) |
JUDGMENT :
Sandeep Jain, J.
1. The instant appeal under section 96 CPC has been preferred by the plaintiff against impugned judgment and decree dated 17.2.2017 passed by the Additional District Judge, Court No. 14 Varanasi in O.S. no. 1112 of 2013 Piyush Parihar versus Manuii alias Munni Devi and another, whereby defendant's application under Order 7 Rule 11(d) CPC was allowed and consequently, the suit was held to be barred by limitation.
2. Factual matrix is that the plaintiff-appellant filed O.S. no. 1112 of 2013 in the lower court with the averments that an agreement to sell was executed in his favour by the defendants regarding land h
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