N.S.NEDUCHEZHIAN Vs. SARASWATHI

JUDGEMENT

(1.) This civil revision petition is directed as against the order and decree dtd. 5/9/2017 passed in IA.No.200 of 2016 in OS.No.138 of 2015 on the file of the Principal Subordinate Judge, Puducherry, thereby dismissed the petition for rejection of plaint.

(2.) The petitioner is the defendant and the respondents are the plaintiffs. The respondents filed suit to cancel the sale deed dtd. 5/7/2004 executed by the plaintiffs in favour of the defendant and permanent injunction in respect of the suit property. While pending suit, the petitioner filed petition for rejection of plaint and the same was dismissed. Aggrieved by the same, the present civil revision petition has been filed.

(3.) Mr.T.P.Manoharan, Senior Counsel appearing for the petitioner submitted that the suit is clearly barred by limitation and there is absolutely no cause of action to file the impugned suit. All the respondents herein jointly executed the sale deed dtd. 5/7/2004 in favour of the petitioner herein. If at all the respondents wanted to challenge the sale deed, they would have filed the suit within a period of three years as contemplated under Article 59 of Limitation Act. Accordingly, they ought to have filed the suit on or before 4/7/2007 itself. Whereas, the present suit was laid by the respondents only on 30/9/2015 after period of ten years. Therefore, it is clearly barred by limitation and the plaint is liable to be rejected. According to the respondents, the petitioner promised to reconvey the property after settling the entire amount. After settling the amount in execution proceedings in EP.No.191 of 2001 and the same was terminated on 2/7/2014., they filed the present suit in the year 2015. In fact, the petitioner filed suit in OS.No.197 of 2015 on the file of the I Additional District Munsif at Puducherry for bare injunction in respect of the suit property, wherein the second respondent herein as the defendant in the said suit, has filed his written statement, in which no whisper about the allegation made in the present suit about the sale deed by them. Further filing of the said suit is no nexus for the cause of action to file the present suit. When the petitioner filed suit for bare injunction in respect of very same property, the respondents are very much available in the said suit and they would have made counter claim in the said suit itself. Therefore, the present suit is hit by Order 2 Rule 2 of CPC. Therefore, the respondents had lost their opportunity to challenge the sale deed in any manner and on any ground after period of three years from the date of the sale deed.