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Kalyan & Ors. vs. Om Prakash Sharma & Ors.

52.00 5.20

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Code of Civil Procedure, 1908–Order 7, Rule 11–Limitation Act, 1963–Declaration of Will null and void–Suit for–Application under Order 7, Rule 11–Dismissal of–Justification–Plaintiff had received knowledge of Will dated 08.08.1962 when G lodged the criminal case–His statements were recorded during the investigation–It cannot be stated that the cause of action accrued on 20.10.2023–Further, he was present at the time of mutation proceedings because he was the power of attorney holder of G–Held, suit was barred by limitation–Plaint deserves to be rejected as barred by limitation.