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PRANAY VERMA
Shankheshwar Developers Through Partners Ankit – Appellant
Versus
Kirhsna Kalota – Respondent
ORDER
1. This Revision under section 115 of the CPC has been preferred by the defendants/applicants being aggrieved by the order dated 14.12.2022 passed in RCSA No.698-A/2018 by the 22nd District Judge, Indore whereby their application under Order 7 rule 11 of the CPC for rejection of the plaint on the ground of the same being barred by time has been rejected.
2. The plaintiff has instituted an action for declaration that the sale deed dated 23.12.2015 executed with respect to the suit land is illegal, null and void and not binding upon him and for permanent injunction restraining the defendants from interfering with his possession over the suit land in any manner. Upon service of summons upon them the defendants filed an application under Order 7 rule 11 of the CPC for rejection of the plaint submitting that the sale deed was executed on 17.11.2014 whereas the claim has been instituted on 3.7.2018 which is barred by time in view of Article 58 and 59 of the Schedule to the Limitation Act which provides for a period of limitation of three years for seeking cancellation of an instrument. The plaintiff contested the application by filing his reply to the same. The application has been r
The court clarified that knowledge of encroachment does not imply knowledge of a sale deed, impacting the limitation period for filing a suit.
Limitation for filing a suit based on fraud begins from the date of knowledge, not the date of registration of the deed.
The main legal point established in the judgment is that a suit challenging a sale deed must be filed within the limitation period prescribed by the Limitation Act, and suppression of material facts ....
The question of limitation in civil suits is a mixed question of law and fact, requiring evidence to determine the plaintiff's knowledge of essential facts.
Issues of limitation in civil suits must be resolved through evidence, preventing dismissal of plaints at an early stage based solely on claims of knowledge.
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.
A perusal of the observations made indicates that the Court while laying down the above proposition has used the word ‘ordinarily’ and has not laid down that even in a case where the issue of limitat....
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