CASE NO.:

Appeal (civil) 2412 of 2006 PETITIONER:

Prem Singh & Ors.

RESPONDENT:

Birbal & Ors.

DATE OF JUDGMENT: 02/05/2006 BENCH:

S.B. Sinha & P.K. Balasubramanyan JUDGMENT:

J U D G E M E N T (Arising out of SLP (C) No.11/2003)

S.B. SINHA, J. Leave granted.

Whether the provision of Article 59 of the Limitation Act would be attracted in a suit filed for setting aside a Deed of Sale, is in question in this appeal which arises out of a judgment and order dated

2.9.2002 passed by the High Court of Madhya Pradesh at Jabalpur Civil Second Appeal No.8 of 1998.

Respondent No.1 herein filed a suit for declaration and partition of the land consisting of 19 bighas and 12 biswas claiming himself to be a co-sharer with the defendant. One Mihilal was the owner of the suit land comprising of different khasra numbers, situate in Village Akhoda, in the District of Bhind. The said suit was filed by the plaintiff-Respondent No.1 alleging that his father Chhedilal had a share therein in addition to owner of another land in khasra No.516, measuring 6 biswas. Chhedilal died in the year 1950. His wife also died soon thereafter. At the time of the death of his father, the plaintiff-Respondent No.1 was a minor. He st