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 - Barred by limitation - plaint can be rejected on this ground

Citation

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