VidhiSangh

Supreme Court of India · 10/04/2018

CHHOTANBEN AND ANR. versus KIRITBHAI JALKRUSHNABHAI THAKKAR AND ORS.

[2018] 3 S.C.R. 422 · 2018 INSC 319

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Summary

The Supreme Court restored a suit challenging an old registered sale deed where the plaintiffs pleaded recent knowledge, forged thumb impressions and continuing rights in ancestral property. On those plaint averments, limitation was a triable issue and did not warrant threshold rejection under Order VII rule 11(d). The High Court had relied on conjecture and the defence rather than reading the plaint as a whole. The trial court was also directed to implement its thumb-impression examination order if it remained unchallenged.

Issues

  1. Whether the pleaded fraud and later knowledge made limitation a triable issue despite the sale deed’s age.
  2. What material could be considered on the application for rejection of the plaint.
  3. What followed for the pending thumb-impression examination direction.

Held

Result

Appeal allowed without costs; High Court order reversed, rejection application dismissed and plaint restored. Trial court to proceed according to law and implement its examination order subject to the stated condition; limitation and merits remain triable.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 422.