Civil Procedure Code, 1908 – Order VII Rule 11(d) – Rejection of plaint – Suit barred by limitation – Cancellation of registered sale deed dated 08.12.2010 – Suit filed in 2020 – Plaintiff admitting execution and registration of sale deed – Limitation under Articles 58 and 59 of Limitation Act – Three-year limitation begins from date of knowledge/registration – Suit filed nearly ten years later – Held, plaint ex facie barred by limitation – Trial Court erred in dismissing application under Order VII Rule 11(d) CPC – High Court exercising supervisory jurisdiction under Article 227 – Order of trial Court set aside and matter remanded for fresh consideration of the application. (Paras 8–13, 19, 20)

advocatemmmohan

Civil Procedure Code, 1908 – Order VII Rule 11(d) – Rejection of plaint – Suit barred by limitation – Cancellation of registered sale deed dated 08.12.2010 – Suit filed in 2020 – Plaintiff admitting execution and registration of sale deed – Limitation under Articles 58 and 59 of Limitation Act – Three-year limitation begins from date of knowledge/registration – Suit filed nearly ten years later – Held, plaint ex facie barred by limitation – Trial Court erred in dismissing application under Order VII Rule 11(d) CPC – High Court exercising supervisory jurisdiction under Article 227 – Order of trial Court set aside and matter remanded for fresh consideration of the application.

(Paras 8–13, 19, 20)

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Limitation Act, 1963 – Articles 58 & 59 – Suit for cancellation of instrument – Limitation period of three years – Knowledge of alleged non-payment of consideration arising at the time of execution of sale deed – Plaintiff filing suit after lapse of about ten years – Held, limitation expired in 2013 and suit instituted in 2020 is clearly barred by limitation.

(Paras 8–11, 13)

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Evidence Act, 1872 – Sections 91 & 92 – Registered sale deed – Presumption regarding valid execution and payment of consideration – When document itself records transaction, oral allegations contrary to document ordinarily impermissible – Plaintiff admitting execution of sale deed and delivery of possession – Contention of non-payment of consideration cannot easily be entertained contrary to recitals of registered document.

(Paras 14–15)

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Civil Procedure – Order VII Rule 11(d) – Limitation as ground for rejection of plaint – Though limitation generally a mixed question of fact and law – Where plaint averments themselves show suit to be hopelessly barred – Court empowered to reject plaint at threshold – Reliance placed on Shri Mukund Bhavan Trust v. Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle – Courts should nip such litigation in the bud to prevent abuse of process.

(Paras 12–13)

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Constitution of India – Article 227 – Supervisory jurisdiction of High Court – Scope – High Court may interfere where subordinate Court assumes jurisdiction not vested in it or fails to exercise jurisdiction properly – Power wider than ordinary revisional jurisdiction – Can be exercised to correct grave jurisdictional errors.

(Paras 16–18)

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RESULT

Civil Revision Petition Allowed –
Order dated 24.10.2024 in I.A. No.59 of 2022 in O.S. No.426 of 2020 on the file of the III Additional Civil Judge (Junior Division), Kadapa set aside – Matter remanded to the Trial Court for fresh disposal of I.A. No.59 of 2022 in light of the observations made by the High Court – No costs.
(Para 20)