VidhiSangh

Supreme Court of India · 29/09/2022

SUKHBIRI DEVI & ORS versus UNION OF INDIA & ORS.

[2022] 13 S.C.R. 523 · 2022 INSC 1037

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Summary

An alternative plot given in lieu of acquired land was allotted in 1991 to one son of the deceased landowner, on the strength of a registered relinquishment deed executed by the other heirs. Another son objected that the deed was obtained by fraud but never challenged it in court. In 2000, his heirs sued for a declaration that they were co-owners of the plot. The trial court decided limitation as a preliminary issue and dismissed the suit as time-barred, and the first appellate court and the High Court agreed. The Supreme Court dismissed the appeal. Limitation is a mixed question but may be decided as a preliminary issue under Order XIV Rule 2(2)(b) CPC where the facts fixing its start are admitted in the plaint. The plaint showed knowledge by 1991, and representations to the authorities do not extend time. Article 136 of the Limitation Act applies only to execution.

Issues

  1. Whether limitation can be decided as a preliminary issue under Order XIV Rule 2(2)(b) CPC.
  2. Whether the 12-year period in Article 136 of the Limitation Act applied to a suit for a declaration of co-ownership.
  3. Whether the suit, filed in 2000, was barred where the plaint showed knowledge of the relinquishment deed and objection to it by 1991.

Provisions considered

Held

Result

Appeal dismissed with costs. The concurrent findings that the suit was barred by limitation were upheld.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 523.