Sukhram v. Pappu
Case brief
What is this about?
Defendants sought rejection of a plaint challenging a 1953 sale deed on limitation grounds via Order VII Rule 11 CPC. The court held the plaintiff's claimed late knowledge is a triable mixed question of law and fact not decidable at the threshold, and dismissed the revision petition.
What the court decided
[2024:RJ-JD:1130]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Revision Petition No. 45/2023
- Sukhram S/o Shri Maniram, Aged About 55 Years, Resident Of Chak 7 SGR Dhani, Prempura Dhani, Tehsil Suratgarh, District Sri Ganganagar.
- Surajaram S/o Shri Maniram, Aged About 53 Years, Resident Of Chak 7 SGR Dhani, Prempura Dhani, Tehsil Suratgarh, District Sri Ganganagar.
----Petitioners
Versus
- Pappu S/o Shri Sahiya, Resident Of Sanghar, Tehsil Suratgarh, District Sri Ganganagar.
- ----Respondent
- LRs Of Late Shri Maniram, S/o Shri Nathuram: 2/1- Rameshwari W/o Late Shri Maniram, Resident Of Chak 7 SGR, Tehsil Suratgarh,district Sri Ganganagar.
2/2- Janaki W/o Shri Ram Chandra A, D/o Late Shri Maniram, Resident Of Baranwali, Tehsil Raisinghnagar, District Sri Ganganagar.
Issues for consideration
2 issues framed by the court
Whether a suit challenging a sale deed after about 69 years is barred by limitation and should be rejected under Order VII Rule 11 CPC at the threshold.
Whether the plaintiff's claim of late knowledge of the sale deed can be decided without evidence.
Parties & counsel
- petitioner
Sukhram
- petitioner
Surajaram
- respondent
Pappu
- respondent
Rameshwari
- respondent
Janaki
- respondent
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · January
- Registered
- Case no.
- CR/45/2023
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