RAGHWENDRA SHARAN SINGH versus RAM PRASANNA SINGH (DEAD) BY LRS

RAGHWENDRA SHARAN SINGH versus RAM PRASANNA SINGH (DEAD) BY LRS

The plaint seeking a declaration that the gift deed is a sham, without specifically seeking to set aside the deed, is barred by limitation under Article 59 of the Limitation Act, since neither the plaintiff nor his brother challenged the deed for over 22 years. Clever drafting to evade limitation cannot be permitted. The courts below erred in not rejecting the plaint under Order 7 Rule 11 CPC based solely on plaint averments. Application of the appellant under Order 7 Rule 11 is allowed, plaint is rejected, and impugned judgments/orders are set aside.

Parties
Appellant: Raghwendra Sharan Singh; Respondent: Ram Prasanna Singh (dead) by LRs
Jurisdiction
India
Judgment Date
13 March 2019
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal allowed; plaint rejected
Legal Topics
Rejection of Plaint Under Order 7 Rule 11 CPC, Limitation for Suits Challenging Deeds, Partition and Joint Hindu Family Property, Registered Gift Deeds in Property Law
Civil Procedure Property Law Limitation Law Rejection of Plaint Under Order 7 Rule 11 CPC Limitation for Suits Challenging Deeds Partition and Joint Hindu Family Property Registered Gift Deeds in Property Law

Case Brief

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Parties

Raghwendra Sharan Singh

Appellant

Ram Prasanna Singh (dead) by LRs

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the plaint filed by the original plaintiff seeking declaration of a gift deed as sham is barred by limitation under Article 59 of the Limitation Act, 1963.
  2. 2 Whether the application under Order 7 Rule 11 CPC for rejection of the plaint should be allowed when the suit is barred by limitation.

Ratio Decidendi

The plaint seeking a declaration that the gift deed is a sham, without specifically seeking to set aside the deed, is barred by limitation under Article 59 of the Limitation Act, since neither the plaintiff nor his brother challenged the deed for over 22 years. Clever drafting to evade limitation cannot be permitted. The courts below erred in not rejecting the plaint under Order 7 Rule 11 CPC based solely on plaint averments. Application of the appellant under Order 7 Rule 11 is allowed, plaint is rejected, and impugned judgments/orders are set aside.

Court Disposition

Appeal allowed; plaint rejected

Orders

  • Impugned judgments and orders of High Court and trial court are quashed and set aside.
  • Appellant's application under Order 7 Rule 11 CPC is allowed.