MAQBOOL AHMAD KHAN Vs. BHAMA DEVI

JUDGEMENT

(1.) Heard learned counsel for parties and perused the records.

(2.) The instant second appeal has been preferred against the order dated 25.04.2011, passed by Ist Additional Chief Judicial Magistrate, Gonda, by which plaint? in original suit no.241 of 2002 has been rejected under Order 7 Rule 11 of Code of Civil Procedure, against which civil appeal no.47 of 2011 has been rejected by the Additional District Judge, Court No.10, Gonda, vide judgment and decree dated 17.05.2012.

(3.) A very brief point is involved in this case. The plaintiff/appellant filed suit for cancellation of sale deed dated 27.0.6.1969. The suit was filed on 31.05.2002. In para 8 of the plaint the plaintiff has alleged that since the impugned sale deed was a fictitious document, the defendant did not apply for mutation of her name in Tehsil till the year 1993 and when the application was moved, as publication was issued by the revenue authorities, the plaintiff came to know about the fictitious sale deed and he filed objection in the mutation proceedings which are pending in the Court of Naib Tehsildar, Gonda. By the averments of this para of the plaint, the plaintiff/appellant has admitted to have obtained the knowledge of the sale deed in the year 1993 and the suit for cancellation should have been filed within three years. Obviously, suit is barred by time as it was filed after a lapse of 9 years in the year 2002.