SURESH KUMAR DAGLA versus SARWAN & ANR.

SURESH KUMAR DAGLA versus SARWAN & ANR.

The suit for declaration of title and invalidation of the sale deed was barred by limitation, since the respondent had knowledge of the sale deed in 1993 as evidenced by earlier criminal proceedings; therefore, suit filed in 2006 was time-barred, and Section 257 of Chhattisgarh Land Revenue Code, 1959 cannot override this bar.

Parties
Appellant: Suresh Kumar Dagla; Respondent: Sarwan; Respondent: Sarwan's Father
Jurisdiction
India
Judgment Date
26 August 2014
Procedural Posture
Civil Appeal / Appeal Against High Court Order on Order 7 Rule 11 CPC Application
Outcome
Appeal allowed; suit dismissed as barred by limitation.
Legal Topics
Order 7 Rule 11 CPC, Limitation Act, Chhattisgarh Land Revenue Code
Civil Procedure Limitation Law Land Law Order 7 Rule 11 CPC Limitation Act Chhattisgarh Land Revenue Code

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Parties

Suresh Kumar Dagla

Appellant

Sarwan

Respondent

Sarwan's Father

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Order on Order 7 Rule 11 CPC Application

Legal Issues

  1. 1 Whether the suit for declaration of title and invalidity of a sale deed was barred by limitation
  2. 2 Whether Section 257 of Chhattisgarh Land Revenue Code, 1959 provides benefit to the respondent

Ratio Decidendi

The suit for declaration of title and invalidation of the sale deed was barred by limitation, since the respondent had knowledge of the sale deed in 1993 as evidenced by earlier criminal proceedings; therefore, suit filed in 2006 was time-barred, and Section 257 of Chhattisgarh Land Revenue Code, 1959 cannot override this bar.

Court Disposition

Appeal allowed; suit dismissed as barred by limitation.

Orders

  • Order dated 12th September, 2012 of the High Court of Chhattisgarh set aside
  • Order dated 23rd June, 2012 of Fourth Civil Judge, Bilaspur set aside