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Vimla Devi (Smt.) & Anr. vs. Krishan Avtar Nagar & Ors.

52.00 5.20

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Code of Civil Procedure, 1908–Order 7, Rule 11–Limitation Act, 1963–Sec. 3–Application for rejection of plaint–Dismissal of–Suit for declaration of sale deed ineffective to the plaintiff’s rights and permanent injunction–Sale deed was executed on 10.12.1985 and the suit was filed on 12.08.2022–Plaintiff was a govt. servant but he caused the delay of 37 years in filing the suit–Duty lies on him to show that he was prevented from any sufficient reason for not filing the suit on the earlier occasion–Trial Court has not looked in the issue that the suit was barred by limitation–The plaint deserves to be rejected.