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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RAKESH THAPLIYAL
Anupama Prakash – Appellant
Versus
Anirudh Singh – Respondent
| Table of Content |
|---|
| 1. revision challenges rejection of order 7 rule 11 application. (Para 1 , 2) |
| 2. poa revocation after sales negates cause of action. (Para 3 , 4 , 5 , 6) |
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 Apart from this, he submits that as per averment made in the plaint power of attorney dated 24.04.2015 was revoked on 29.03.2025, the date
Disputed facts on power of attorney scope, sale deed validity, forgery, cause of action, and valuation cannot be decided under Order VII Rule 11 CPC; trial court must frame and try preliminary issues....
Disputed facts on power of attorney scope, sale deeds validity, cause of action, and valuation not adjudicable under Order VII Rule 11 CPC; trial court to frame and decide as preliminary issues first....
Court affirmed the legitimacy of possession claims despite prior litigation, dismissing revision petitions for failing to substantiate procedural abuse.
A suit challenging a sale deed must be filed within the limitation period; failure to do so results in the suit being barred.
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