VILLAGE PANCHYAT OF TALEIGAO Vs. COMMUNIDADE OF TALEIGAO

JUDGEMENT

(1.) In this Revision Application filed under Sec. 115 of the Code of Civil Procedure, the applicant/original defendant No.3 in Civil Suit No.25/2022 has impugned Order dtd. 9/11/2023 rejecting its application under Order VII Rule 11 CPC. The application for rejection of plaint of respondent No.1/original plaintiff was filed on the ground that the plaint was barred by the Law of Limitation and for non-disclosure of a cause of action.

(2.) It is the submission of learned Advocate Shri Vledson Braganza for the applicant that the averments made in the plaint are a piece of clever drafting and if one peruses the entire content of the plaint, there is actually no cause of action disclosed therein. He further submits that the trial Court has failed to exercise jurisdiction vested in it under Order VII Rule 11 CPC in not concluding that the claim set forth in the plaint was ex facie barred by limitation. It is his further submission that from the pleadings in the plaint that the plaintiff had full knowledge of the entry of the name of the applicant in the survey record, atleast since 1972-1973, and such revenue records having been promulgated, the period of limitation ought to have been reckoned, ordinarily, from the date of such entry, which was to the knowledge of the plaintiff. Based upon this fact alone, the suit was hopelessly barred by limitation, the relief sought therein being for a decree of declaration of the plaintiff's title to the suit property and that the entry in the survey record was erroneous. It was further contended that the relief clause for a decree of recovery of possession was also time barred since clearly, the applicant, by the plaintiff's own pleadings was in possession of the suit property since 1965 and revenue proceedings for correction of survey record having ended in failure in the year 2001, the suit was barred by the law of limitation.

(3.) I have considered the submissions of the learned counsel for the applicant, perused the impugned order and the plaint filed in Civil Suit No.25/2022 pending before the District Court at Panaji.