HIGH COURT OF UTTARAKHAND AT NAINITAL
RAKESH THAPLIYAL,
Anupama Prakash – Appellant
Versus
Anirudh Singh – Respondent
JUDGMENT :
Rakesh Thapliyal, J.
1. The instant revision has been preferred by the defendant against the order dated 15.09.2025 passed by the learned Civil Judge (S.D.) Dehradun in Original Suit No. 279 of 2025, titled as Anirudh Singh vs. Anupama Prakash and others, whereby the application preferred by the defendant under Order 7 Rule 11 of CPC , i.e., paper no. 26A1 has been rejected.
2. Instant matter was heard earlier on different stages and on 25.09.2025, further proceeding of O.S. No. 279 of 2025 was stayed. Relevant paragraphs of the order dated 25.09.2025 are reproduced herein as under:-
3. Learned counsel for the revisionist submits that plaintiff is nephew of the defendant no. 1 and he has given general power of attorney to the defendant / revisionist on 24.04.2015 and being power of attorney holder of the plaintiff, defendant no. 1 / revisionist executed five sale deeds.
4. Apart from this, he submits that as per averment made in the plaint power of attorney dated 24.04.2015 was revoked on 29.03.2025, the date after execution of the sale deeds, therefore, there was no cause of action for the plaintiff to institute the suit. He further submits that suit property was undervalued
A suit challenging a sale deed must be filed within the limitation period; failure to do so results in the suit being barred.
A sale deed executed after the cancellation of a power of attorney is invalid under the Power of Attorney Act, reinforcing the principle that authority must exist for legitimate transfer of property ....
(1) Rejection of plaint – Defence taken by defendant in written statement cannot be taken into consideration and plaint has to be read as a whole and application cannot be decided in context of few a....
Unilateral cancellation of sale deeds is void; a suit for cancellation must follow legal procedures, and claims barred by limitation cannot be entertained.
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