SUDHA AGARWAL Vs. KARANJEET SINGH

JUDGEMENT

(1.) BY way of this appeal, the judgment and order dated 13.8.2012, rendered by Civil Judge (Sr. Div.), Dehradun in Original Suit No. 641/2005, has been challenged, whereby in the above suit launched by the plaintiffs/appellants herein they were non -suited under Order VII Rule 11 (d) of the Civil Procedure Code. The plaint was rejected finding the same time -barred under Article 58 of the Limitation Act, 1963.

(2.) IN the said suit, the plaintiffs sought declaration of their title over the property in question as well as the cancellation of the sale deed dated 7.11.2000 regarding the same property executed by Church, the defendant no. 2, in favour of Karanjeet Singh, defendant no. 1. The said suit was instituted on 31.10.2005 by the plaintiffs against Mr. Karanjeet Singh, defendant no. 1, Church, defendant no. 2 and Mr. Peter Succoro, defendant no. 3. Written statement was filed by defendant no. 3 with the averments that the said suit was barred by time limitation as prescribed under Article 58 of the Act. So, inter alia, an issue no. 5 was framed to this effect and after hearing both the parties on merits, the learned Trial Court rejected the plaint as stated hereinabove by way of passing the impugned judgment, whereagainst this appeal has been filed.

(3.) BEFORE entering into the real controversy between the parties, a brief description of the facts existing herein are relevant to find place, which are as under.