Civil Procedure Code, 1908 (CPC) – Order 7 Rule 11 and Section 100; Limitation Act – Article 59; Transfer of Property Act, 1882 – Section 3; Registration Act – Sections 34 and 35 – This case concerns a suit filed by the appellants for the cancellation of a registered sale deed from 2004, which they allege was fraudulently executed and came to their knowledge only in 2017. The defendants filed an application under Order 7 Rule 11, CPC, seeking rejection of the plaint based on limitation. The Trial Court allowed the application, but the First Appellate Court reversed the decision, holding that the limitation was a mixed question of law and fact that needed evidence.
The High Court, in a second appeal, overturned the First Appellate Court’s decision, stating that the plaintiffs should have known about the sale deed earlier and that they had not provided sufficient details of the alleged fraud.