K.M. NUSRUDIN Vs. S.M. NAKKIBA

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the order of rejection of the plaint dated 07.11.2016 made in unregistered suit in O.S.No. Nil of 2016 on the file of the Principal District Court, Ramanathapuram.

(2.) The petitioner presented a plaint on 24.10.2016, for cancellation of gift deed, dated 18.05.2012, registered as Document No. 2106 of 2102 executed by him in favour of the first respondent and to declare the settlement deed dated 01.03.2016 bearing Doc.Nos. 475 and 476 of 2016, both deed dated 01.03.2016, executed by the first respondent in favour of the second and third respondents respectively as null and void. The said plaint was returned on 25.10.2016 with an endorsement as to how the suit is filed within time, stating that plaintiff is also party to the document and document executed by him sham and nominal and how the suit is within the period of limitation.

(3.) The learned counsel for the petitioner re-presented the same with an endorsement that the petitioner was under un-due influence of the first respondent till 03.10.2016 and did not know about the legal consequences of the gift deed executed by him. On 03.10.2016 only, the petitioner came out of undue influence of the first respondent and understood the legal consequences of the gift deed executed by him. The petitioner has filed suit for cancellation within three years from the date of knowledge and therefore, suit is in time as per the Art. 59 of the Limitation Act.