KULDEEP SINGH Vs. KHAZANCHI PRASAD

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree (dated 22nd December, 2016 in RCA No.43/16 of the Court of Additional District Judge -02 (NE)] allowing the First Appeal under Section 96 of the CPC preferred by the respondent/plaintiff against the order [dated 18th April, 2016 in CS No.4477/15 of the Court of Administrative Civil Judge, North East] on an application of the appellant/defendant under Order VII Rule 11 of the CPC rejecting the plaint in the suit filed by the respondent/plaintiff for declaration as null and void and an outcome of fraud and misrepresentation, the irrevocable General Power of Attorney executed by the respondent/plaintiff in favour of the appellant/defendant and registered on 21st June, 2006 and for perpetual and mandatory injunction restraining the appellants/defendant from dealing with the property, and resultantly restoring the suit for disposal in accordance with law.

(2.) The appellant/defendant sought rejection of the plaint on the ground that the suit had been filed after more than three years of the date when the respondent/plaintiff had knowledge of the exact nature of the documents.

(3.) The aforesaid application of the appellant/defendant under Order VII Rule 11 of the CPC found favour with the Suit Court which rejected the plaint. However the First Appellate Court has set aside the rejection of plaint by the Suit Court and restored the suit to original position holding that the question of limitation was a mixed question of law and fact and no case for rejection of plaint on the said ground was made out.