NDLI: Raghwendra Sharan Singh Vs. Ram Prasanna Singh (dead) By Lrs

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	judgement passed by HC set aside Appellant filed revision application before the High Court Dismissed Or.7 rejection of plaint r.11 Rejected on the ground of limitation rejection of plaint allowed
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Limitation Act, 1963 (36 of 1963) Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Civil Procedure, 1908 – Or.7, r.11 – Father of the appellant (original plaintiff) and his brother jointly purchased the land in question and executed registered gift deed dtd. 06.03.1981in favour of the appellant – Appellant instituted partition suit in 2001 against his brothers and others for partition of the joint Hindu family properties – Original plaintiff was joined as defendant no.10 in the 2001 suit – Original plaintiff filed Title Suit in 2003 against the appellant inter alia for declaration that the gift deed executed in favour of the appellant is sham – Appellant filed application u/Or.7r.11 for rejection of the plaint inter alia on the ground that the suit is barred by limitation – Rejected – Appellant filed revision application before the High Court – Dismissed – On appeal, held: It is not disputed that the gift deed, a registered gift deed was executed by the original plaintiff himself along with his brother – Till 2003, for approximately 22 years, neither the plaintiff nor his brother (who died on 15.12.2002) during his lifetime claimed at any point of time that the gift deed was showy deed of gift – It is the appellant who instituted the partition suit in the year 2001 against his brothers to which even the plaintiff was a party as defendant no.10 – Summon and the copy of the plaint in the said suit was served upon the plaintiff in 2001 itself – Despite the same, he instituted the present suit in the year 2003 – By clever drafting, the plaintiff tried to bring the suit within the period of limitation which, otherwise, was barred by limitation – Plaintiff never prayed to set aside the gift deed –Such a prayer was not asked cleverly – If such prayer would have been asked, in that case, the suit can be said to be clearly barred by limitation considering Art.59, Limitation Act and, therefore, only a declaration was sought to get out of the provisions of the Limitation Act – Judgment passed by the High Court and the trial Court set aside – Application by the appellant u/Or.7 r.11 of the CPC to reject the plaint, allowed – Limitation Act, 1963 – Art.59.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2019 INSC 357
Petitioner	Raghwendra Sharan Singh
Respondent	Ram Prasanna Singh (dead) By Lrs
SCR	[2019] 4 S.C.R. 1069
Judgement Date	2019-03-13
Case Number	2960

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Raghwendra Sharan Singh Vs. Ram Prasanna Singh (dead) By Lrs

Please Log-in to view this content

Kalu Ram and Anr. Vs. State of Delhi

Pramod Singh Kirar Vs. State of Madhya Pradesh & Ors.

Daya Singh & Anr. Vs. Gurdev Singh (dead) By L.rs. & Ors.

Kalika Prasad and Anr. Vs. Chhatrapal Singh (dead) By Lrs.

L.c. Hanumanthappa (since Dead) Represented By His Lrs. Vs. H. B. Shivakumar

A. Andisamy Chettiar Vs. A. Subburaj Chettiar

N.v. Srinivasa Murthy and Ors. Vs. Mariyamma (dead) By Proposed Lrs. and Ors.

Laldhari Mistri (dead) Thr. Lrs. & Anr. Vs. Vijay Kumar

Periyasami and Ors. Vs. S. Nallasamy

Raghwendra Sharan Singh Vs. Ram Prasanna Singh (dead) By Lrs

Raghwendra Sharan Singh Vs. Ram Prasanna Singh (dead) By Lrs

Please Log-in to view this content

Similar Documents

Kalu Ram and Anr. Vs. State of Delhi

Pramod Singh Kirar Vs. State of Madhya Pradesh & Ors.

Daya Singh & Anr. Vs. Gurdev Singh (dead) By L.rs. & Ors.

Kalika Prasad and Anr. Vs. Chhatrapal Singh (dead) By Lrs.

L.c. Hanumanthappa (since Dead) Represented By His Lrs. Vs. H. B. Shivakumar

A. Andisamy Chettiar Vs. A. Subburaj Chettiar

N.v. Srinivasa Murthy and Ors. Vs. Mariyamma (dead) By Proposed Lrs. and Ors.

Laldhari Mistri (dead) Thr. Lrs. & Anr. Vs. Vijay Kumar

Periyasami and Ors. Vs. S. Nallasamy

Raghwendra Sharan Singh Vs. Ram Prasanna Singh (dead) By Lrs