NDLI: Saranpal Kaur Anand Vs. Praduman Singh Chandhok and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Or. XII r. 6 Code of Civil Procedure 1908: Or. VII r. 11(d)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
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 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Code of Civil Procedure, 1908: Or. VII r. 11(d), Or. XII r. 6 – Rejection of plaint on the ground of limitation – Admission of fact in the plaint – On facts, the appellant-plaintiff filed a suit against respondent nos 1 to 9-defendant Nos. 1 to 9 seeking a decree of declaration that the suit property is a joint undivided family property of the plaintiff and defendant Nos. 3 to 9 being the successors of the parents of the plaintiff; decree of declaration that the purported sale deed dated 23.08.1969 executed by late mother of the plaintiff through her alleged attorney in favour of her brother-defendant no. 1 and the purported sale deed dated 12.10.1995 executed by the brother in favour of his son-defendant no. 2 is null and void; and a decree for permanent injunction against defendant Nos.1 and 2, restraining them from raising/constructing/adding/ altering or entering into any agreement to sell or creating any third party interest in respect of any portion of the suit property – Defendant No. 1 and 2 filed written statements as also an application for rejection of the plaint on the ground of limitation – Plaintiff filed two applications u/Or. VI r. 17 seeking amendment of the plaint for incorporating relief of possession and amending the cause of action clause – Thereafter, the Single Judge of the High Court decided the preliminary issue holding that the suit being barred by time, the plaint was liable to be rejected; and the amendment applications were dismissed as mala fide and not maintainable – Division Bench upheld the said order – As regards the issue-whether the Single Bench could have framed the preliminary issue u/Or. XIV r. 2 with regard to the issue of limitation for rejecting the plaint u/Or. VII r. 11(d); whether the Division Bench could have taken recourse to Or. XII r. 6, which was not the issue before the Single Bench, for rejecting the plaint; and whether Single Bench and Division Bench erred in referring to the written statements and the other documents which were not part of the plaint while rejecting the plaint on the ground that the suit was barred by limitation, in view of difference of opinion between two Hon’ble Judges, the matter to be placed before Hon’ble the Chief Justice of India for directions.
Judge	Hon'ble Mr. Justice Sanjiv Khanna
Neutral Citation	2022 INSC 347
Petitioner	Saranpal Kaur Anand
Respondent	Praduman Singh Chandhok And Others
SCR	[2022] 19 S.C.R. 100
Judgement Date	2022-03-28
Case Number	2573

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Saranpal Kaur Anand Vs. Praduman Singh Chandhok and Others

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