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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
C.V.BHASKAR REDDY
Syed Mohammed Lateefuddin – Appellant
Versus
Sofy Moinuddin Moin Shaik Moinuddin Mohd.Moinuddin Mohd. Karim – Respondent
ORDER :
1. This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioner herein/defendant No.3, challenging the order, dated 13.09.2024 passed in I.A.No.1084 of 2023 in O.S.No.11 of 2023 by the learned Principal District Judge, Vikarabad (hereinafter referred as “trial Court”), wherein the I.A.No.1084 of 2023 filed by the petitioner herein under Order VII Rule 11 read with Section 151 of CPC seeking to reject the plaint for want of cause of action and barred by limitation, was dismissed.
2. The petitioner herein is the defendant No.3 and the respondents herein are the plaintiffs in the suit. Hereinafter, the parties would be referred as they were arrayed in the suit.
3. The brief facts of the case are that the plaintiffs filed the suit vide O.S.No.11 of 2023 on the file of learned Principal District Judge, Vikarabad, seeking following reliefs:
1) Declaring that the plaintiffs are the absolute owners and title holders of the suit schedule property, by virtue of parental inheritance.
2) Declaring that the Sale Deed Documents No:1428 of 89 dated: 18-
07-1989 and the subsequent Sale Deed Documents No: 904 of 91 dated: 25-07-1991 and 818 of 13 date
Allegations of fraud prevent the rejection of a plaint under limitation laws, necessitating full trial for claims based on such allegations.
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.
Rejection of plaint – Plaintiffs cannot be permitted to bring suits within period of limitation by clever drafting, which otherwise is barred by limitation.
The court ruled that fraud claims, as a mixed question of law and fact, require a full trial and cannot solely determine a suit's rejection based on limitations.
The presumption of validity of registered documents requires specific fraud allegations to extend the limitation period, which were absent in this case, leading to the dismissal of the suit.
The limitation period for filing a suit based on fraud begins when the plaintiff first becomes aware of the fraud, not at the time of execution of the disputed documents.
A plaint disclosing a cause of action cannot be rejected without examining merits, particularly when fraud is alleged, as such claims affect the limitation period.
The rejection of a plaint under Order 7 Rule 11 cannot stand where a credible cause of action is presented, especially when fraud is alleged, which can reset the limitation period.
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