VidhiSangh

Supreme Court of India · 30/09/2022

C.S. RAMASWAMY versus V. K. SENTHIL & ORS

[2022] 18 S.C.R. 221 · 2022 INSC 1046

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Summary

Landowners in Coimbatore sued in 2015-16 to cancel registered sale deeds they had executed in September 2005, for which consideration had been paid by demand drafts. They claimed they signed believing the documents were joint development agreements and learned of the fraud only in 2015. The trial court and the High Court refused to reject the plaints, treating limitation as a mixed question. The Supreme Court rejected the plaints under Order VII Rule 11(d) CPC. The plaints themselves gave the execution date as the start of the cause of action. They did not say when or how the plaintiffs learned of the fraud, and they did not particularise it. Some plaintiffs had been parties to an earlier suit, filed in 2006 and dismissed in 2014, that referred to the same deed. Merely using the word 'fraud' to invoke Section 17 of the Limitation Act cannot rescue a time-barred suit.

Issues

  1. Whether suits filed about ten years after the execution of registered sale deeds were barred by limitation on the face of the plaints, justifying rejection under Order VII Rule 11(d) CPC.
  2. Whether vague averments of fraud and of later discovery were enough to invoke Section 17 of the Limitation Act and make limitation a triable mixed question.

Provisions considered

Held

Result

Appeals allowed. The orders of the trial court and the High Court were set aside, the defendant's applications under Order VII Rule 11(d) CPC were allowed, and the plaints were rejected as barred by limitation. No costs.

Judgment PDF: Supreme Court of India, [2022] 18 S.C.R. 221.