Back
HIRDESH
ANIL, s/o SHANTI PRIYA DOSHI – Appellant
Versus
PAPPU, s/o. PARMANAND PATEL – Respondent
ORDER :
(Hirdesh, J.) :
This Civil Revision has been filed by the petitioner/defendant being aggrieved by the order dated 15-9-2023 passed by 5th Civil Judge, Senior Division, Indore in R.C.S. No. 54-A/2016 whereby the application under Order 7, Rule 11 of Civil Procedure Code filed by the petitioner has been rejected.
2. The brief facts of the case are that late Shri Basant Rao was the owner of several land including land bearing survey No. 689 area 3.977 hectares of village Nihalpur Mundi. Shri Basant Rao had expired and he was survived by wife Smt. Leela Bai, son Mukesh and daughter Smt. Pushpa. Smt. Leela Bai and Mukesh had also expired and they are survived by respondents No. 5 to 9. Late Smt. Leelabai, late Shri Mukesh and Smt. Pushpabai had executed a registered general power of attorney on 16-1-1997 in favour of Shri Munnalal, respondent No. 3. The entire area of Survey No. 689 except 1.406 hectare was already sold to various persons. On the basis of the aforesaid power of attorney, the respondent No. 3 sold the remaining land i.e. 1.406 hectares to Shri Radheshyam, respondent No. 2 by registered sale deed the possession thereof was handed over to him by registered sale deed 2
A suit challenging a sale deed must be filed within the limitation period; failure to do so results in the suit being barred.
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....
A suit filed more than three years post-execution of a sale-deed is barred by limitation regardless of claims of security, emphasizing the necessity of timely legal action.
The main legal point established in the judgment is that the right to sue first accrues when the fact first comes to the knowledge of the plaintiff, and if a suit is filed beyond the limitation perio....
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 suit for specific performance of an agreement to sell and cancellation of sale deeds is barred by limitation if it is filed beyond the period of limitation prescribed under Article 54 of the Limita....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
