Lawstreet Journal

Supreme Court Bench Split on Whether to Reject Plaint in A Case As Time-Barred; Matter Put Before CJI

Lawstreet Journal 5 Apr 2022 1:33am

Image courtesy: Lawstreet Journal Judiciary Supreme Court Bench Split on Whether to Reject Plaint in A Case As Time-Barred; Matter Put Before CJI

In an appeal, a Supreme Court bench comprised of Justice Sanjiv Khanna and Justice Bela M Trivedi issued a split verdict. The judges couldn't concur on whether the plaint in this instance was subject to being dismissed as barred by limitation under Order VII Rule 11(d) of the Code of Civil Procedure.

While Justice Khanna upheld the views of the trial court as well as the High Court that the plaint was liable to be rejected, Justice Trivedi disagreed, stating that the issue of limitation in this case was a mixed question of facts and the law, hence required a trial.

Because of the split on the bench, the case has been submitted to the Chief Justice for further action.

"In view of the difference of opinion expressed by two separate judgments, the Registry is directed to place the matter before Hon'ble the Chief Justice of India for appropriate orders/directions", the bench ordered.

The case stemmed from a civil suit filed in 2012, which sought a ruling that a 1969 sale deed was a forged instrument that was illegal, null and void.

During the trial, the question of whether the complaint was time-barred and so liable to be rejected at the threshold under Order VII Rule 11 (d)was raised as a preliminary issue.

The plaintiffs cited Section 17 of the Limitation Act, which stipulates that in the instance of fraud, the statute of limitations begins to run only when the fraudulent act is discovered. Justice Khanna remarked in his assessment of the… Continue Reading...

Tagged: CJI   Supreme Court of India  
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