ANILKUMAR J. Vs. BOBBY JOSEPH

JUDGEMENT

(1.) This appeal is by the plaintiffs in a suit for declaration in relation to four documents executed by them. Those documents are dated 9.7.2007. They say that though styled as sale deeds, the impugned documents were actually security documents. The suit is filed seeking declaration and cancellation of those documents which stand with the nomenclature, "sale deeds". The cause of action for the suit, as stated in the plaint, is relatable to a bundle of facts on 1.11.2011 and the suit is laid on 18.11.2011. The court below adjudicated on the issue of limitation as a preliminary issue and has held that the suit is barred and is beyond the period of limitation prescribed under Article 58 of the Schedule to the Limitation Act, 1963. That has resulted in the dismissal of the suit. Hence, this appeal. The learned counsel for the appellants argued that the period of limitation prescribed under Article 58 is to run from the point of time when the right to sue first accrues and the question whether right to sue first accrues on the pleaded facts is not a pure question of law and could not, therefore, have been decided by the court below as a preliminary issue.

(2.) Per contra, the learned counsel for the contesting defendants argued that the suit is ill-motivated. He further argued that on the basis of the pleadings, the issue of limitation cannot be treated as one that requires a decision on any issue of fact.

(3.) As already noted above, Article 58 prescribes a period of limitation to obtain declaration. That residuary article in relation to suits for declaration prescribes that the time will begin to run when the right to sue first accrues. The plaintiffs' plea is that on 1.11.2011, the plaintiffs came to know that the defendants are going contrary to the sued documents, and that, they, though styled as sale deeds, are only security documents. Those documents are dated 9.7.2007. The question whether those documents were intended by the parties to be documents by way of security, or not by way of sale, and the limits and quality of evidence that could be adduced in relation to such a relief, are matters to be decided by the trial court. The further question whether the plea as to the cause of action as stated in the plaint or whether such cause of action as pleaded has arisen at such a point of time that the suit would be safe from the bar of limitation can be decided, on the facts of the case in hand, only by looking into the other evidence as well.