L.NAGESWARA RAO, INDU MALHOTRA
DAHIBEN – Appellant
Versus
ARVINDBHAI KALYANJI BHANUSALI (GAJRA)(D) THR LRS – Respondent
Certainly. Based on the provided legal document, here is a simplified explanation of the key points:
A court can reject a lawsuit at any stage if it finds that the case does not have a valid cause of action or if it is barred by law, such as the limitation period (!) (!) .
In this case, the court found that the suit was filed too late, beyond the time limit allowed for such cases, which is generally three years from the date the right to sue first arises (!) (!) .
The cause of action in this case was when the Plaintiffs received the last cheque related to the sale, which happened in 2009. However, they filed the suit in 2014, over five years later, making the suit too old and therefore not valid under the law (!) (!) .
The Plaintiffs admitted they had signed a valid, registered sale deed and that they had received full payment, as stated in the sale documents. Their claim that they only received part of the payment and that the remaining was false was inconsistent with the written agreement they signed (!) (!) .
Because the sale was properly documented and the Plaintiffs did not raise any issues or complaints for many years, the court concluded that their lawsuit was an attempt to delay or challenge a valid sale after a long delay, which is not allowed (!) (!) .
The court also noted that the Plaintiffs tried to create a false story to make their case seem timely, but the facts and documents showed otherwise. Their actions appeared to be an abuse of the legal process (!) (!) .
Overall, the court decided that the suit was not valid because it was filed too late, and the Plaintiffs had no right to challenge the sale now. The lawsuit was therefore dismissed, and the Plaintiffs were ordered to pay costs (!) .
In simple words, the court ruled that the Plaintiffs waited too long to file their case after the sale was completed, and their claims were inconsistent with the documents they signed. As a result, their lawsuit was rejected.
JUDGMENT
Indu Malhotra, J.
The present Civil Appeal has been filed to challenge the impugned Judgment and Order dated 19.10.2016 passed by a Division Bench of the Gujarat High Court, which affirmed the Order of the Trial Court, allowing the application filed by Defendant Nos. 2 and 3/Respondent Nos. 2 and 3 herein under Order VII Rule 11(d), CPC holding that the suit filed by the Appellant and Respondent Nos. 9 to 13 herein (hereinafter referred to as the "Plaintiffs") was barred by limitation.
2. The subject-matter of the present proceedings pertains to a plot of agricultural land of old tenure, admeasuring approximately 8701 sq. mtrs. in Revenue Survey No. 610, Block No.573 situated in village Mota Varachha, Sub-District Surat (hereinafter referred to as the "suit property") which was in the ownership of the Plaintiffs.
3. The land was under restrictive tenure as per Section 73AA of the Land Revenue Code. The Plaintiffs filed an application dated 13.05.2008 before the Collector, Surat to obtain permission for selling the suit property to Respondent No. 1/Defendant No.1, which was
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