Suit fordeclaration that gift deed executed in favour of defendant is sham transaction and not binding -Filed after more than 22 years of execution of registered gift deed - barred by limitation
AIR 2019 SUPREME COURT 1430
SUPREME COURT
(From : 2013 AIR CC 2406 (Pat))
L. NAGESWARA RAO , J. and M. R. SHAH , J.
Civil Appeal No. 2960 of 2019 (Arising out of SLP (C) No. 20068 of 2013, D/- 13 - 3 - 2019
Raghwendra Sharan Singh v. Ram Prasanna Singh (Dead) by Lrs.
Civil P.C. (5 of 1908), O.7 R.11(d) - Rejection of plaint - Ground of limitation - Suit for
declaration that gift deed executed in favour of defendant is sham transaction and not binding -
Filed after more than 22 years of execution of registered gift deed - Plaintiff not praying for any
declaration to set aside gift deed as in that case suit would be clearly barred by limitation under
Art. 59 of Limitation Act - Averments in plaint cleverly drafted to bring suit within period of
limitation - Plaint liable to be rejected. Limitation Act (36 of 1963), Art.59 -
2013 AIR CC 2406 (Pat), Reversed.
(P
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