March 14, 2019
Case name: Raghwendra Sharan Singh v. Ram Prasanna Singh (Dead) by LRs
In the case, the cause of action arose when the Plaintiff challenged the registered gift deed after a period of approximately 22 years from the date of the execution of the registered gift deed. The Plaintiff challenged the impugned the gift deed alleging that the deed is a showy gift deed and hence not binding.
The Two-Judge Bench of the Supreme Court in view of the facts of the case noted that the plaintiff and his brother executed the gift deed on 06.03.1981 and till 2003, neither the plaintiff nor his brother challenged the gift deed.
The Apex Court took into consideration plethora of decisions to ruled that the present suit is clearly barred by law of limitation and resultantly the plaint is required to be rejected in exercise of powers under Order 7 Rule 11 of the CPC.
Order 7 Rule 11 of the Code of Civil Procedure delineates the grounds on which a plaint can be rejected.
The Court thus held that if it is found that the suit is clearly barred by law of limitation, the same can be rejected in exercise of powers under Order 7 Rule 11(d) of the CPC.
The entire case can be accessed here.