VidhiSangh

Supreme Court of India · 13/03/2019

RAGHWENDRA SHARAN SINGH versus RAM PRASANNA SINGH (DEAD) BY LRS

[2019] 4 S.C.R. 1069 · 2019 INSC 357

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Summary

The Supreme Court rejected a plaint challenging a registered gift deed approximately 22 years after its admitted execution by the plaintiff. On a meaningful reading of the plaint, describing the gift as sham and omitting a cancellation prayer were devices to evade limitation. A trial was unnecessary where the bar was apparent from the pleading itself.

Issues

  1. Whether the suit was liable to rejection under Order VII Rule 11(d) on the plaint’s own averments.
  2. Whether framing relief as a declaration that the gift was sham avoided Article 59.

Provisions considered

Held

Result

Appeal allowed; High Court and trial court orders refusing rejection set aside; defendant’s application allowed and plaint in Title Suit 19 of 2003 rejected. No costs. Substitution allowed.

Judgment PDF: Supreme Court of India, [2019] 4 S.C.R. 1069.