Chhotanben & Anr. vs. Kiritbhai Jalkrushnabhai Thakkar & Ors. – (SC)

Code of Civil Procedure, 1908–Order 7, Rule 11(d)–Limitation Act, 1963–Arts. 56, 58, 59, 65 or 110–Suit for granting permanent injunction, challenging the regd. sale deed–Limitation would start from the date on which the sale deed was registered–However, specific case of appellant-plaintiffs that they acquired the knowledge on 26.12.2012 and immediately took steps for obtaining the copy of regd. sale deed and on receipt thereof, they realised the fraud played on them–Trial Court was viewed that the issue of limitation was triable and dismissed the application–View taken by High Court is based on conjectures and surmises–Order of trial Court restored.