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ANIL VERMA
MANJULA CHORDIYA – Appellant
Versus
BHARAT CHORDIYA – Respondent
JUDGMENT :
ANIL VERMA, J.
1. The applicants have preferred this civil revision under section 115 of the Code of Civil Procedure, 1908 (in short ‘CPC’) being aggrieved by the impugned order dated 12-10-2021 passed by the II Civil Judge, Senior Division, Ratlam (M.P.) in Civil Suit No. RCS-A/157/2021, whereby an application under Order VII, Rule 11 read with section 151 of Civil Procedure Code filed by the applicants/defendants No. 1 and 2 has been dismissed.
2. The brief facts of the case are that plaintiff/respondent No. 1 has filed a suit for declaration of title, setting aside and declaring both the gift deeds null and void and for grant of mandatory and perpetual injunction by stating that plaintiff is the owner of land bearing survey No. 550 area 0.470 hectare situated at Village Bibdod and survey No. 251/1 area 0.176 hectare, survey No. 251/2 area 0.115 hectare, survey No. 251/3 area 0.018 hectare, survey No. 251/4 area 0.070 hectare, survey No. 251/5 area 0.101 hectare situated at Village Banjali. There was a property dispute between the parties. For the purpose of dissolving (sic. : resolving) the dispute between them, as per their settlement, plaintiff has executed two gift de
The court established that a plaint can be rejected under Order VII, Rule 11 if it is barred by limitation, regardless of the merits of the case.
The essential facts must be proven to obtain a decree, and the cause of action should be disclosed in the plaint in a manner justifiable in law.
Legal actions must be initiated within prescribed time limits, and stale claims that lack timely assertion cannot proceed; thus, suits filed beyond the limitation period are barred by 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....
The court held that a plaint can only be rejected under Order VII Rule 11 if it does not disclose a cause of action, and the issue of limitation is a mixed question of law and fact.
The court established that the issue of limitation is a mixed question of law and fact, necessitating a full trial to resolve, rather than dismissal at the application stage.
The limitation for cancellation suits begins from the time the plaintiff becomes aware of the grounds for cancellation, not from the date of the instrument's execution.
Rejection of plaint – Plaintiffs cannot be permitted to bring suits within period of limitation by clever drafting, which otherwise is barred by limitation.
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