Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908 – Or.VII r.11(d) – Rejection of plaint – Limitation Act Code of Civil Procedure 1963 – s.17 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 – Or. VII r. 11(d) – Rejection of plaint – Limitation Act, 1963 – s. 17 – Respondents filed respective suits in the year 2015/2016 for cancellation of the sale deeds executed in 2005, alleging that the same were obtained by fraud – Appellant filed applications u/Or. VII r. 11(d) for rejection of the plaints mainly on the ground that the suits were barred by limitation, dismissed – Revision petitions filed by appellant, dismissed by High Court – Held: Respective suits were filed after a period of 10 years from the date of execution of the registered sale deeds – Nothing was mentioned on which date and how the plaintiffs had the knowledge that the document was obtained by fraud and/or misrepresentation – There were no further averments and allegations of how the fraud was committed/played – Mere stating in the plaint that a fraud has been played is not enough – Allegations of fraud must be specifically averred in the plaint, otherwise merely by using the word “fraud”, by clever drafting the plaintiffs would try to get the suits within the limitation, which otherwise may be barred by limitation, as in the present case – Impugned judgment passed by the High Court and the orders passed by the Trial Court set aside – Respective suits are rejected being barred by limitation – Fraud. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 1046 |
Petitioner | C.s. Ramaswamy |
Respondent | V. K. Senthil & Ors |
SCR | [2022] 18 S.C.R. 221 |
Judgement Date | 2022-09-30 |
Case Number | 500 |
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