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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
Durga Devi Rajagopalan, Minor Gokul – Appellant
Versus
Muthukumar, Subbulakshmi – Respondent
| Table of Content |
|---|
| 1. petition seeking to set aside an order. (Para 1) |
| 2. facts surrounding the cancellation deed and knowledge of the plaintiff. (Para 2 , 3 , 8 , 9) |
| 3. arguments from both sides regarding the limitation period. (Para 5 , 6 , 10) |
| 4. court's considerations on evidence and knowledge. (Para 7) |
ORDER
This Civil Revision Petition has been filed seeking to set aside the Order dated 31.07.2023 passed by the Subordinate Judge at Tambaram in IA.No. 2 of
2022 in OS.No. 354 of 2019. 2. The brief facts of the case :
The plaintiff filed the suit to declare the registered cancellation deed dated 04.04.2012 executed by deceased M. Balachandran in favour of the plaintiff in respect of scheduled mentioned property as null and void and also to declare patta granted in favour of defendants 1 to 3 as null and void. While so, the petitioners herein filed IA.No. 2 of 2022 in OS.No. 354 of 2019 on the file of the Subordinate Judge Tambaram, seeking to reject the plaint, stating that cancellation of settlement deed which is under dispute is executed on 04.04.2012. So the plaintiff should have filed the suit within a period of 3 years but the suit filed after 7 years. Therefore, the suit is barred
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