VISHWA VANI SOCIETY Vs. PYDI EEDWARD VINODH

JUDGEMENT

(1.) This C.R.P. is filed by the petitioners / defendants 1 and 2 challenged the order dtd. 3/2/2023 in I.A.No.325/2016 in O.S.No.62/2016 passed by the learned XI Additional District Judge, Visakhapatnam, dismissing the petition filed by the petitioners under Order VII Rule 11 r/w 151 CPC to reject the plaint.

(2.) The facts are briefly thus:

(3.) Learned senior counsel for petitioner Sri O.Manoher Reddy would argue that respondent plaintiff very well knew about the cancellation of the Gift Deed made by his mother through registered document dtd. 5/8/1988 and subsequently executing the sale deed dtd. 31/5/2000 in favour of the petitioners/defendants, however, by ingenious pleadings in the cause of action part of the plaint, without disclosing the same, he simply narrated as if during October 2015 he came to know through the 3rd defendant that the defendants have purchased the schedule property and accordingly, filed the suit for declaration and recovery of possession. Learned Senior Counsel would argue that in fact the plaintiff ought to have sought for the relief of setting aside the Cancellation Deed dtd. 5/8/1988 and subsequent Sale Deed dtd. 31/5/2000 executed by his mother. However, since the plaintiff knew that those prayers were barred by limitation, by trick and camouflage, he did not mention those facts in the cause of action part and simply filed the suit for declaration of his title and for recovery of possession, which in its present form is not maintainable. Learned Senior Counsel would thus argue that the plaint is liable to be rejected on two grounds. Firstly, that there is no cause of action in the plaint since true cause of action has not been shown and secondly the two relevant reliefs i.e., setting aside the document cancelling the Gift Deed and the cancellation of Sale Deed were barred by limitation. He placed reliance on (i) State of Punjab v. Gurdev Singh, (1991) 4 SCC 1. (ii) Sneh Gupta v. Devi Sarup,(2009) 6 SCC 194. (iii) Raghwendra Sharan Singh v. Ram Prasanna Singh (Dead) by LRs.,(2020) 16 SCC 601. (iv) Dahiben v. Arvindbhai Kalyanji Bhanusali (Gajra) Dead through LRs,(2020) 7 SCC 366.