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V. Ravikumar vs. S. Kumar (SC)

52.00 5.20

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Code of Civil Procedure, 1908–Order 7, Rule 11–Limitation Act, 1963–Rejection of plaint by the Trial Court–Order of–Set aside by the High Court –Justification–Suit for cancellation of sale deeds which were executed on the strength of power of attorney–Plaintiff executed the general power of attorney in favour of first respondent on 15.04.2004–Thereafter, he sought to declare the sale deeds null and void which were executed in the year 2004-2006 & 2009 with the ground that he was made aware of the sale deeds only on 21.09.2015 –The attempt of the plaintiff is to unsettle the settled matters, especially on the plea that the power of attorney granted in the year 2004 was cancelled in the year 2015–The cancellation of power of attorney does not affect the prior conveyances–High Court also calculated the limitation erroneously–Impunged order is liable to be set aside.