SHYORAM Vs. MADANLAL

JUDGEMENT

(1.) The factual background of this case, leading to filing of this Civil Revision Petition under Sec. 115 of the Code of Civil Procedure, is that respondent Madanlal and Gopal Lal sons of Jhutha filed Civil Suit No.06/2016 for declaration of title on the suit property and cancellation of registered sale deed dtd. 16/6/1988 executed by the guardian of minor plaintiffs in favour of Late Shri Nathu. The challenge was on the ground that the impugned sale deed speaks that for benefit of the minors, the property was sold. However during the same period on 3/6/1987 and 16/6/1988, property was purchased by the family through registered sale deeds, which goes to show that family was not running under financial crunches. Moreover, the plaintiffs were informed by their father that in fact he had not executed the sale deed.

(2.) The defendant-petitioners appeared in the suit and filed an application under Order 7, Rule 11 C.P.C. for rejection of the plaint. The provisions of Order 7, Rule 11 C.P.C. reads as follows:-

(3.) Learned counsel for the petitioners submits that delay in filing of the suit cannot be condoned. There is limitation of 3 years to file a suit for cancellation or to set aside an instrument or decree or for the rescission of a contract. The relevant provisions is being reproduced below:- <IMG>JUDGEMENT_158_LAWS(RAJ)11_2023_1.jpg</IMG>