DALIBEN VALJIBHAI Vs. PRAJAPATI KODARBHAI KACHRABHAI

JUDGEMENT

(1.) Leave granted.

(2.) The appellants, as plaintiffs, instituted a suit for cancellation of an alleged registered sale deed dtd. 4/12/2004 said to have been executed by them conveying the plaint scheduled property in favour of the respondents/defendants on 10/4/2017. They have alleged that the said sale deed was brought about through fraudulent means and the plaintiffs came to know of it only on 31/3/2017, when the Deputy Collector issued notice to the appellants on an application filed by the defendants for correcting the revenue entries. After receiving the said notice, the appellants claim to have applied and obtained a certified copy of the alleged sale deed and having realised thereafter that their signatures were forged, they instituted the suit on 18/4/2017 for a declaration and cancellation of the sale deed.

(3.) Within one month of the institution of the suit, the defendants filed an application under Order 7 Rule 11, CPC, for rejection of plaint on two grounds; the first being that the plaintiffs have not joined the Sub- Registrar as the defendant no. 2 and that the mandatory notice under Sec. 80 CPC was not given. We are not concerned with this ground. The second ground for rejection of the plaint which has given rise to the present litigation is that the suit is barred by limitation as the registered sale deed was executed on 4/12/2004 and the suit came to be filed only on 10/4/2017, i.e. after a period of 13 years.