Case Note & Summary
The present civil revision application was filed by the defendants (applicants) challenging the order of the 3rd Joint Civil Judge Senior Division, Jalna, dated 10.12.2021, rejecting their application under Order VII Rule 11(b), (c) and (d) of the Code of Civil Procedure, 1908 (CPC) in R.C.S. No.143 of 2021. The applicants contended that the suit filed by the respondent/plaintiff for cancellation of a sale deed dated 04.08.1995 was barred by limitation. The plaintiff was born on 05.12.1994 and attained majority on 05.12.2012, but the suit was filed on 04.05.2021, beyond three years from attaining majority. The applicants argued that the plaint averments themselves showed the suit was hopelessly barred by limitation and that the cause of action pleaded was false and concocted. The plaintiff, on the other hand, claimed that he gained knowledge of the sale deed only on 20.01.2020 and that the suit was within limitation under Article 59 of the Limitation Act, 1963. The trial court rejected the application, holding that the question of limitation was a mixed question of law and fact requiring trial. The High Court, after hearing arguments, upheld the trial court's order, holding that the plaint cannot be rejected under Order VII Rule 11(b) when the plaintiff's claim of knowledge on 20.01.2020 is not patently false or barred by limitation. The court also noted that the issue of undervaluation is a matter for trial and cannot be a ground for rejection under Order VII Rule 11(c) without proper inquiry. The revision application was dismissed, and the trial court was directed to expedite the suit.
Headnote
A) Civil Procedure Code - Order VII Rule 11 - Rejection of Plaint - Limitation - The court held that the question of limitation is a mixed question of law and fact and cannot be decided solely on plaint averments when the plaintiff claims knowledge of the sale deed on a specific date. The plaint cannot be rejected under Order VII Rule 11(b) if the cause of action pleaded is not patently barred by limitation. (Paras 5-7) B) Limitation Act - Article 59 - Suit for Cancellation of Sale Deed - The period of limitation for a suit to cancel a sale deed is three years from the date of knowledge of the fact entitling the plaintiff to have the instrument cancelled. The plaintiff's claim of knowledge on 20.01.2020, if believed, would bring the suit within limitation. (Paras 5-7) C) Civil Procedure Code - Order VII Rule 11 - Undervaluation - The court held that the issue of undervaluation of the suit is a matter for trial and cannot be a ground for rejection of plaint under Order VII Rule 11(c) without proper inquiry. (Para 8)
Issue of Consideration
Whether the plaint is liable to be rejected under Order VII Rule 11(b), (c) and (d) of CPC on the ground that the suit is barred by limitation and undervalued.
Final Decision
The civil revision application is dismissed. The order of the trial court rejecting the application under Order VII Rule 11 is upheld. The trial court is directed to expedite the suit.
Law Points
- Order VII Rule 11 CPC
- Limitation Act Article 59
- Suit for cancellation of sale deed
- Plaint rejection
- Limitation period for minor after attaining majority
- Cause of action
- Undervaluation of suit
