JAGDISHBHAI DAHYABHAI PATEL Vs. JAYANTIBHAI KESHUBHAI SAKARIA

JUDGEMENT

(1.) Heard learned Advocate Mr.Manan Shah for the appellant and learned Advocate Mr.Dhruv Dave for the respondent No.1.

(2.) By way of the present appeal, the appellant has called into question the order dtd. 11/6/2019 passed by the learned 13 th Additional Sr. Civil Judge, Surat below Exh.15 in Special Civil Suit No.604 of 2015, whereby the suit preferred by the present appellant has been rejected under Order VII Rule 11(d) of CPC, more particularly by holding that the suit has been filed beyond the period of limitation prescribed under the Limitation Act .

(3.) At the outset, learned Advocate Mr.Shah would submit that while the prayers sought for in the plaint are also for cancellation of the registered Confirmation Deed dtd. 1/9/2008, yet the plaintiff - appellant herein is in no way connected with the said Confirmation Deed. Learned Advocate Mr.Manan Shah for the appellant would further take this Court through the averments made in the plaint, more particularly the averments with regard to the cause of action for preferring the suit in question and whereas learned Advocate Mr.Shah would submit that the cause of action as mentioned in the plaint had arisen upon the issues with regard to the documents in question coming to the knowledge of the appellant in Special Civil Suit No.416 of 2012 preferred by the defendants in the suit proceedings. Learned Advocate Mr.Shah would further submit that the respondents had played a fraud upon the appellant - original plaintiff and it is under such circumstances, that the plaintiff was required to prefer the Special Civil Suit, more particularly praying for cancellation of the registered Sale Deed dtd. 6/2/2008 having Registration No.1147, cancellation of registered Confirmation Deed dtd. 25/8/2008 having Registration No.16132 and cancellation of another registered Confirmation Deed dtd. 1/9/2008 having Registration No.16357.