Back
IN THE HIGH COURT OF TELANGANA
NAGESH BHEEMAPAKA
Kudungunla Prabhakar Reddy – Appellant
Versus
Mekapothula Vijayarama Kumar – Respondent
ORDER :
Nagesh Bheemapaka, J.
This Civil Revision Petition is filed assailing the order dated 22.07.2024 in I.A.No. 912 of 2023 in O.S.No. 31 of 2023 on the file of the Principal District Judge, Vikarabad.
2. Petitioners herein are Defendants 1 and 2, the 1st respondent is plaintiff and the 2nd respondent is the 3rd defendant in the suit. Parties will hereinafter be referred to as they are arrayed in the suit.
3. Plaintiff filed the suit against Defendants 1 and 2 seeking a direction to the 3rd respondent to execute the sale deed in his favour in respect of agricultural land admeasuring Ac.0.20 guntas in Survey No.8, Acs.9.15 guntas in Survey No.9 and Ac.1.09 guntas in Survey No.10, total admeasuring Acs.11.04 guntas situated at Gatepally Village, Dharur Mandal, Vikarabad District duly receiving balance consideration of Rs.9 lacs and in the event, the Court finds that sale consideration amount is not paid by defendants 1 and 2 to the 3rd defendant, they be directed to pay the amount collected from plaintiff on behalf of the 3rd defendant. In the said suit, Defendants 1 and 2 had taken out the subject Application under Order VII Rule 11 read with Section 151 C.P.C. to reject the plaint
The rejection of plaint under Order VII Rule 11 CPC is inappropriate when a cause of action is present, and limitation is a factual matter requiring trial.
The court ruled that issues of limitation and contractual validity arising from disputed facts cannot be decisively adjudicated at the stage of rejecting a plaint, necessitating a trial based on evid....
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.
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....
The limitation for specific performance suits begins upon notice of refusal to perform, and the plaint must be assessed as a whole to determine if it discloses a valid cause of action.
The court held that the issue of limitation is a mixed question of law and fact, necessitating a full trial for resolution.
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
