Supreme Court of India
Daliben Valjibhai & Ors. v. Prajapati Kodarbhai Kachrabhai & Anr.
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What the Court ordered
In view of the above, we allow the appeal and set aside the judgment and order dated 26.06.2024 passed by the High Court in Second Appeal No.53 of 2024 and we restore the judgment dated 17.10.2023 of the First Appellate Court in Regular Civil Appeal No.6 of 2022. 2134 [2024] 12 S.C.R. Supreme Court Reports.
Judgment, page 11
From the headnote
Issue for Consideration Whether a suit for cancellation of a registered sale deed, filed within three years from the date of knowledge as alleged in the plaint, can be dismissed at the threshold under Order 7 Rule 11 of the Code of Civil Procedure, 1908, on the ground that it is barred by limitation. Headnotes† Civil Procedure Code, 1908 (“CPC”) – Order 7 Rule 11 – In 2017, appellants/ plaintiffs filed a suit for cancellation of alleged registered sale deed dated 04.12.2004 on grounds of fraud – Trial Court dismissed suit under Order 7 Rule 11 CPC on the ground of limitation – First Appellate
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