SMT. RAMTI DEVI versus UNION OF INDIA

SMT. RAMTI DEVI versus UNION OF INDIA

The suit was barred by limitation as limitation began to run from the date the plaintiff had knowledge of the execution and registration of the sale deed; since the sale deed was executed for valuable consideration and registered, and no finding under Section 23 of the Contract Act was recorded, the appellant was bound by the document unless it was avoided or cancelled; suit was filed beyond the three-year period specified in Article 59 of the Limitation Act.

Parties
Appellant: Smt. Ramti Devi; Respondent: Union of India
Jurisdiction
India
Judgment Date
20 October 1994
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Delhi High Court Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Suit for Declaration, Limitation Act, 1963, Article 59
Limitation Law Civil Procedure Suit for Declaration Limitation Act, 1963 Article 59

Case Brief

Summary, issues, holding and outcome

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Parties

Smt. Ramti Devi

Appellant

Union of India

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Delhi High Court Judgment

Legal Issues

  1. 1 Whether the suit seeking declaration and avoidance of sale deed was within limitation under the Limitation Act, 1963

Ratio Decidendi

The suit was barred by limitation as limitation began to run from the date the plaintiff had knowledge of the execution and registration of the sale deed; since the sale deed was executed for valuable consideration and registered, and no finding under Section 23 of the Contract Act was recorded, the appellant was bound by the document unless it was avoided or cancelled; suit was filed beyond the three-year period specified in Article 59 of the Limitation Act.

Court Disposition

Appeal dismissed with costs

Orders

  • Suit barred by limitation
  • Appeal dismissed with costs