SHASHI GOYAL (SMT.) Vs. MOHAN LAL AGARWAL

JUDGEMENT

(1.) This revision petition is directed against order dated 14.2.2014 of the Additional District Judge No. 1, Sri Ganganagar in Civil Suit No. 55/2013, whereby an application preferred by the petitioner-defendant under Order 7, Rule 11 C.P.C., seeking rejection of the plaint, has been dismissed.

(2.) The respondent-plaintiff filed a suit seeking cancellation of gift deed dated 4.11.2006 alleged to have been executed by him in favour of the petitioner-defendant, under duress. The suit for cancellation of the gift deed dated 4.11.2006 was filed by the respondent-plaintiff on 30.5.2013, stating that he came to know about the factum of execution of the gift: deed in the month of April, 2010 and thereafter, on 9.3.2011, on refusal of the petitioner-defendant to get the gift deed cancelled, the cause of action accrued and accordingly, he filed a suit for cancellation of gift deed on 22.3.2011, which was withdrawn with liberty to file fresh on 31.7.2012. The plaintiff claimed the suit filed to be within limitation stating that the time during which the former suit was pending before the Court has to be excluded in terms of provisions of Section 14(3) of the Limitation Act, 1963 (for short "the Act ") for the purpose of computing the period of limitation.

(3.) The petitioner-defendant preferred an application under Order 7, Rule 11 (d) C.P.C., seeking rejection of the plaint on the ground that the cause of action for filing the suit had accrued to the petitioner in the month of April, 2010 when he came to know about the execution of the gift deed and therefore, the suit filed on 30.5.2013 is barred by limitation.