REGENT COMPUTRONICS PVT. LTD.

Nagjibhai Kanjibhai Patel Appellant

V/S

MUKESH Respondents

Referred Judgements :-

I.T.C. LTD. VS. DEBT RECOVERY APPELLATE TRIBUNAL [REFERRED TO]
DARAYAS BAMANSHAH MEDHORA VERSUS NARIMAN BAMANSHA MEDHORA [REFERRED TO]
BECHARBHAI ZAVERBHAI PATEL VS. JASHBHAI SHIVABHAI PATEL [REFERRED TO]
BAHADURBHAI LALJIBHAI MALHOTRA VS. AMBALAL JOITARAM HEIR OF JOITARAM RANCHHODDAS [REFERRED TO]
HEMENDRA ISHWARBHAI PATEL THROUGH POA VS. GOKULBHAI SHANABHAI-DECEASED THROUGH LEGAL HEIRS [REFERRED TO]
MADHAV PRASAD AGGARWAL @ ANR. VS. AXIS BANK LIMITED AND ANR. [REFERRED TO]
Y B PATIL VS. Y L PATIL [REFERRED TO]
T ARIVANDANDAM VS. T V SATYAPAL [REFERRED TO]
STATE OF PUNJAB VS. GURDEV SINGH:ASHOK KUMAR [REFERRED TO]
PREMIER TYRES LIMITED VS. KERALA STATE ROAD TRANSPORT CORPORATION [REFERRED TO]
DILBOO VS. DHANRAJI DEAD [REFERRED TO]
U P STATE ROAD TRANSPORT CORPORATION VS. STATE OF U P [REFERRED TO]
SWAMY ATMANANDA VS. RAMKRISHNA TAPOVANAM [REFERRED TO]
PANCHANAN DHARA VS. MONMATHA NATH MAITY [REFERRED TO]
HARBANS SINGH VS. SANT HARI SINGH [REFERRED TO]
KHATRI HOTELS PRIVATE LIMITED VS. UNION OF INDIA [REFERRED TO]
ERACH BOMAN KHAVAR VS. TUKARAM SHRIDHAR BHAT [REFERRED TO]
GANGAI VINAYAGAR TEMPLE VS. MEENAKSHI AMMAL [REFERRED TO]
MADANURI SRI RAMA CHANDRA MURTHY VS. SYED JALAL [REFERRED TO]
CHHOTANBEN AND ANR VS. KIRITBHAI JALKRUSHNABHAI THAKKAR AND ORS [REFERRED TO]
URVASHIBEN & ANR VS. KRISHNAKANT MANUPRASAD TRIVEDI [REFERRED TO]
RAGHWENDRA SHARAN SINGH VS. RAM PRASANNA SINGH (DEAD) BY LRS [REFERRED TO]
DAHIBEN VS. ARVINDBHAI KALYANJI BHANUSALI [REFERRED TO]
SALIM D. AGBOATWALA VS. SHAMALJI ODDHAVJI THAKKAR [REFERRED TO]

JUDGEMENT

(1.) In the present application filed under the provision of Sec. 115 of the Civil Procedure Code, 1908 (for short "the CPC"), the applicant has assailed the order dtd. 16/1/2019 passed by the learned Principal Senior Civil Judge and Additional Chief Judicial Magistrate, Kathor, Dist.Surat rejecting the application Exh.102 filed under Order VII Rule 11 of CPC seeking rejection of plaint being Special Civil Suit No.159 of 2017 (old No.639 of 2014) filed by the applicant-original defendant no.1-Nagjibhai Kanjibhai Patel.

(2.) Brief facts emerging from the memo of Revision Application are as under:

(3.) Learned Senior Advocate Mr.Pahwa with learned advocate Mr.Nachiket Dave appearing for the applicant-defendant no.1 has submitted that as can be seen from the records, the applicant became the owner of the suit land by virtue of the registered sale deed dtd. 28/2/2005, whereas the suit is instituted in the month of October, 2014 which is almost after a period of 9 years, hence the same is barred by limitation. He has submitted that the plaintiff had knowledge of the sale deed in view of the fact that after the applicant learnt about the fraudulent PoA dtd. 2/9/2004 and agreement to sell dtd. 10/1/2005, since the applicant initiated prosecution against the original plaintiff and all the concerned persons by filing a criminal complaint, which culminated in Criminal Case No.3571 of 2006. It is submitted that in the interregnum, the FSL report dtd. 31/1/2006 has established that the PoA is bogus and fabricated. It is submitted that the plaintiff therefore had complete knowledge of the transaction from the year 2005. It is submitted that without prejudice, the plaintiff also had the deemed knowledge by virtue of the registered sale deed having been executed on 28/2/2005.

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NAGJIBHAI KANJIBHAI PATEL Vs. MUKESH

Referred Judgements :-

JUDGEMENT

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