Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R. MADHUSUDHAN RAO
Jangiti Babu – Appellant
Versus
Marupaka Ramulu – Respondent
ORDER :
B.R. MADHUSUDHAN RAO, J.
1. This Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the Order passed by the Junior Civil Judge, at Vemulawada in I.A.No.357 of 2016 in OS.No.112 of 2015, dated 06.01.2023, dismissing the application filed by the petitioner under Order 7 Rule 11(d) of CIVIL PROCEDURE CODE , 1908 (for short ‘CPC’) r/w Section 151 of CPC.
2. Petitioner is the petitioner in IA.No.357 of 2016 and defendant No.2 in the suit i.e., OS.No.112 of 2015. Respondent No.1 is the respondent No.1 in the I.A. and plaintiff in the suit. Respondent Nos.2 and 3 herein are respondent Nos.2 and 3 in the above said I.A. and defendant Nos.1 and 3 in the suit.
3. Learned counsel for the petitioner submits that the Court below without considering the purport of Order 7 Rule 11(d) of CPC simply dismissed the petition filed by the petitioner holding that the petitioner has not made out any case by raising substantial grounds for rejection of plaint. Counsel submits that respondent No.1-plaintiff filed the suit in OS.No.112 of 2015 after 11 years of the alleged simple sale deed dated 16.02.2004 which is barred by law. The learned trial Court ought to
The court ruled that a suit filed after a lengthy delay is barred by limitation, establishing that the commencement of limitation can start from an earlier event, not just the filing date.
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....
The rejection of the plaint on the ground of limitation is a mixed question of fact and law, and the application under Order VII Rule 11 CPC is to be decided based on the averments in the plaint.
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.
Limitation is a mixed question of fact and law, requiring evidence for determination; a plaint cannot be dismissed at the outset if it presents a legitimate claim under the law.
A suit challenging a sale deed must be filed within the limitation period; failure to do so results in the suit being barred.
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
