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Benefits Of Section 17 Of The Limitation Act Cannot Be Enjoyed Without Proving Existence As well as Discovery Of Fraud: Supreme Court

Team SoOLEGAL 23 Nov 2020 3:28pm

Benefits Of Section 17 Of The Limitation Act Cannot Be Enjoyed Without Proving Existence As well as Discovery Of Fraud: Supreme Court

The Supreme Court on 22nd November, 2020 has observed that to in order to invoke Section 17 of the Limitation Act 1963, the plaintiff has to plead and prove two ingredients i.e. the existence and discovery of fraud.

While hearing the appeal in Singh vs. Nirmal Gill[i] and Inder Pal Singh and Others vs. Nirmal Gill[ii], wherein an appeal was filed by the plaintiff against the execution of sale deed by the defendant contending that it was executed fraudulently, .the Court has observed that in cases of fraud, to invoke the benefits of Section 17 of The Limitation Act, 1963, (according to this section when the suit is based on the fraud of defendant, the period of limitation shall not begin to run until the plaintiff or applicant has discovered the fraud) appellant has to plead and prove 2 major ingredients before filling an appeal i.e. the existence and the discovery of the fraud. The court also stated that the onus to prove that the disputed documents produced were forged was on the party who challenged it, otherwise presumed genuine. The bench comprising of Justice A.M. Khanwilkar and Justice Maheshwari found that the plaintiff neither proved that the disputed documents were executed fraudulently, nor was he able to establish the existence and discovery of fraud. Hence, the Court has restored the judgment of the trial court by setting aside the decree passed by the High Court.



Tagged: Supreme Court   Limitation Act 1963   High Court   Justice Maheshwari   Justice A.M. Khanwilkar  
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