Dina Nath Sharma vs Banti Devi on 29 July, 2026

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    Himachal Pradesh High Court

    Dina Nath Sharma vs Banti Devi on 29 July, 2026

                                                            ( 2026:HHC:32739)
    
    
    
    
         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
    
                                                             CR No. 51 of 2026
                                                             Decided on: 29.07.2026
    
    
    
    
                                                                                           .
    
             Dina Nath Sharma                                                        ...Petitioner.
    
                                               Versus
    
    
    
    
    
          Banti Devi                                                           ...Respondent.
    
         Coram
         Hon'ble Mr. Justice Romesh Verma, Judge.
    
    
    
    
                                                              of
         Whether approved for reporting?1
    
        For the petitioner:                    Mr. Neel Kamal Sharma, Advocate.
    
        For the respondent:         rt         Mr. Vikrant Chandel, Advocate.
    
        Romesh Verma, Judge (oral)
    

    The instant petition arises out of the order, dated

    13.03.2026, passed by learned Civil Judge, Court No.2,

    SPONSORED

    Bilaspur, District Bilaspur, H.P. whereby application filed by

    defendant/petitioner under Order 7 Rule 11 CPC for rejection

    of the plaint was dismissed.

    2. The facts as emerge in the present case are that

    the respondent/plaintiff Banti Devi, filed a suit for declaration to

    the effect that she is co-owner in joint possession of the land

    measuring 08.15 bighas comprised in Khasra No. 281,

    khata/khatauni No. 97/117, situated in Village Ladhyani, Post

    Office Lehri Sarail, Tehsil Ghumarwin, District Bilaspur, HP.

    and further, that she is having 1/2 share out of the suit land
    1
    Whether reporters of Local Papers may be allowed to see the judgment?

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    which has been inherited by her from her husband late Sh.

    Ganpat, son of Sh. Sadhu in lieu of maintenance, being his

    .

    legally wedded wife, and the revenue entries existing in the

    name of defendant may be declared as null and void.

    3. As per the case as set up by the plaintiff, the

    plaintiff/respondent is blind by birth. Therefore, she executed a

    of
    power of attorney in favour of Sh. Kamal Dev for the filing of

    the present suit. As per the averments as alleged in the plaint,
    rt
    the plaintiff Banti and defendant Dina Nath are the real brother

    and sister. That plaintiff is joint owner in possession over the

    land measuring 08.15 bighas comprised in Khasra No 281,

    Khata/Khatauni No. 97/117 situated in Village Ladhyani, Post

    Office Lehri Sarail, Tehsil Ghumarwin, District Bilaspur, HP.,

    i.e. the suit land along with the defendant and her three

    brothers, namely, Nand Lal, late Sh. Inder Raj, and Prakash

    Chand. That the plaintiff got married to late Sh. Ganpat. The

    husband of the plaintiff had given half share of the suit land in

    lieu of the maintenance during his lifetime and she used to

    reside at Village Ladhyani, i.e., in the house of her in-laws.

    After the death of the husband of the plaintiff, she became the

    sole owner of the suit land qua her share. That taking

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    advantage of the blindness of the plaintiff, and with a mala fide

    intention, the defendant approached the plaintiff in the year

    .

    1980, pretending to be her well-wisher, and he requested the

    plaintiff to allow him to reside in her house. Taking advantage

    of the innocence of the plaintiff, the defendant started living in

    the house of the plaintiff, but subsequently he started torturing

    of
    the plaintiff in all possible manners. When she was tortured,

    and the life of the plaintiff became miserable, she left the
    rt
    company of the defendant and managed to escape from the

    confinement of the defendant and went to the Police Station,

    Bharari and there she registered an FIR bearing No. 102 dated

    23rd September 2022 against the defendant, his wife Kusum

    Lata, and his son Susheel Kumar.

    4. As per the plaintiff, she raised a suspicion over

    the defendant that while residing with her, he might have

    procured some forged documents, and on the basis of the

    suspicion, the GPA of the plaintiff visited the office of the

    Patwari, and he came to know that the entire share of the

    plaintiff from the suit land has been relinquished in favour of

    defendant by virtue of the relinquishment deed dated 15th

    February 1995 bearing registration No.112. As a matter of fact,

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    plaintiff never executed any such document, and in case the

    defendant has procured any such document, the same is

    .

    shrouded by fraud, coercion, undue influence, and

    misrepresentation by the defendant. That on the basis of the

    alleged relinquishment deed, mutation No. 576 dated 27th April

    1995 was attested in the absence of the plaintiff, and the

    of
    defendant managed to transfer the big chunk of suit land, i.e.

    share of the plaintiff, in his favour in a wrongful and illegal
    rt
    manner.

    5. On inquiry, it transpired to the plaintiff for the first

    time in the month of October 2022 about the entry when she

    inquired about her land through her GPA from the Patwari,

    Patwar Circle Lehri Sarail. Immediately, she obtained the

    revenue record and got all the copies on 18th October 2022

    and later on 9th January 2023. It transpired to the plaintiff that

    defendant had filed various frivolous cases, in her name with

    respect to the suit land by appointing himself as her GPA.

    Immediately, plaintiff revoked the said GPA on 7th October

    2022 in the office of Naib Tehsildar, Bharari. The plaintiff also

    withdrew the civil suits which had been filed by the defendant

    in her name being her GPA. Police during the investigation of

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    the FIR bearing No. 102 dated 23rd September 2022 visited the

    house of the defendant and recorded the statement of the

    .

    parties. The plaintiff requested the defendant on 29 th

    December 2022 to return her articles which were in

    possession of the defendant, and also requested to deliver the

    possession of her land as well as house, but the defendant

    of
    flatly refused to do so.

    6. Plaintiff filed suit before the trial Court and prayed
    rt
    a decree for declaration to the effect that the plaintiff is co-

    owner in joint possession over the land measuring 08.15

    bighas comprised in Khasra No 281, Khata/Khatauni No.

    97/117, situated in Village Ladhyani, Post Office Lehri Sarail,

    Tehsil Ghumarwin, District Bilaspur, HP. Further, by declaring

    that plaintiff is having half share of suit land which has been

    inherited by her from her husband late Sh. Ganpat. Decree for

    declaration that the relinquishment deed dated 15 th February

    1995 alleged to be executed by the plaintiff in favour of the

    defendant be declared null and void and the same is the result

    of fraud, coercion, undue influence, and misrepresentation

    having no binding rights over the right, title, and interest of the

    plaintiff. Further, the mutation No. 576 dated 27 th April 1995

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    attested by the learned Assistant Collector 2nd Grade, Bharari

    in favour of the defendant be declared as illegal, wrong, null

    .

    and void and decree for permanent injunction was sought

    against the defendant.

    7. The suit came to be resisted by the defendant /

    petitioner by raising preliminary objections with respect to the

    of
    maintainability, cause of action, locus standi, suppression of

    material facts, estoppel, etc. On merits, all the averments as
    rt
    made in the plaint were specifically refuted and denied. It was

    stated that the plaintiff had executed the relinquishment deed

    in favour of the defendant out of her own free will and without

    any pressure or coercion.

    8. As per the averments as made in the written

    statement, it was stated that the relinquishment deed stood

    admitted by the plaintiff while making a statement in Civil Suit

    bearing No. 89/1 of 2007 which was pending in the Court of

    learned Civil Judge (Senior Division) Court No.1, Ghumarwin,

    District Bilaspur, H.P. In the said Civil Suit, the plaintiff got

    recorded her statement and acknowledged the execution of

    the relinquishment deed in favour of the defendant. It was

    stated that after the execution of the registered relinquishment

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    deed dated 15th February 1995, the plaintiff ceases to have

    any right, title, or interest over the suit land and thereafter, it is

    .

    the defendant who has become owner in possession of the

    same.

    9. After filing the written statement, the defendant

    filed an application under the provisions of Order VII Rule 11

    of
    CPC
    for the rejection of the plaint on the ground that vide

    relinquishment deed dated 30th December 1994 registered on
    rt
    15th February 1995 and on the basis of the mutation attested

    by the Assistant Collector 2nd Grade, Ghumarwin, District

    Bilaspur, dated 27th April 1995, the defendant has become

    owner of the suit land and the said fact was duly

    acknowledged by the plaintiff while making statement in Civil

    Suit No. 89/1 of 2007 titled as Banti Devi vs Sita Ram & others

    on 27th April 2011.

    10. In the application, it has been stated that while

    appearing as PW-5, in the Civil Suit bearing No. 89/1 of 2007

    in cross-examination, she has admitted that she relinquished

    her share in favour of the applicant/ present petitioner. The

    right, title, and interest of the plaintiff stood extinguished and

    that she has got no authority to file the instant suit through the

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    general power of attorney. It is also the case of the applicant/

    petitioner that the date of the execution of the document is 30th

    .

    December 1994, which was registered on 15th February 1995,

    and the date of the attestation of the said document is 27 th

    April 1995, and that the suit has been instituted in the year

    2023, i.e., after elapse of more than 28 years.

    of

    11. As per defendant/petitioner the execution of the

    relinquishment deed was very much in the knowledge of the
    rt
    plaintiff; therefore, the suit is hopelessly time-barred and that

    the application under Order 7 Rule 11 of the CPC has to be

    allowed and the suit is liable to be rejected. Further, it is the

    case of the defendant-petitioner that the plaint has been

    cleverly drafted wherein it has been tried to bring the suit

    within the period of limitation by mentioning false and

    concocted date of cause of action, i.e., 29th December 2022 by

    alleging commission of fraud, coercion, undue influence, and

    misrepresentation. The defendant has prayed for allowing of

    the aforesaid application.

    12. The said application came to be contested by the

    plaintiff by raising the plea of maintainability, cause of action,

    estoppel, locus standi, etc. On merits, it has been stated that

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    the plaintiff is a blind lady by birth, and she was not aware

    about the execution of the alleged relinquishment deed.

    .

    13. It is case of the plaintiff that she was confined by

    the present petitioner for many years, and in the year 2022,

    somehow she managed to escape from the clutches of the

    defendant. Immediately thereafter, she lodged an FIR No. 102

    of
    dated 23rd September 2022 against the petitioner, his wife and

    his son under the various provisions of IPC. As per plaintiff,
    rt
    the petitioner had taken the undue advantage of being her real

    brother and cleverly got executed the relinquishment deed in

    his name. To the averment as made by the petitioner that the

    plaintiff had made a statement in Civil Suit bearing No. 89/1 of

    2007, it was stated that she made the statement before the

    Court under the influence of the defendant as she was in his

    wrongful confinement. Further, she has stated that she has no

    idea about the contents of the affidavit given on her behalf in

    the said civil suit, being blind by birth. Therefore, the plaintiff

    prayed for dismissal of the application as filed by the

    defendant.

    14. The learned Civil Judge (Senior Division), Court

    No.2, Ghumarwin, District Bilaspur, H.P. vide its impugned

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    order dated 13th March 2026, dismissed the application as

    filed by the defendant.

    .

    15. Feeling dissatisfied, the defendant has

    approached this Court by filing the Revision Petition under

    Section 115 of the CPC.

    16. It is contended by Mr. Neel Kamal Sharma,

    of
    learned counsel for the petitioner that the impugned order as

    passed by the learned trial Court is erroneous and liable to be
    rt
    set aside. He submits that the learned trial Court has not

    appreciated the point in controversy and has wrongly rejected

    the application, whereas the petitioner has been able to make

    out the case for the rejection of the plaint and suit being time-

    barred. Learned counsel for the petitioner further submits that

    after accepting the present revision petition, the application

    filed by the defendant for the rejection of the plaint deserves to

    be allowed.

    17. On the other hand, Mr. Vikrant Chandel, learned

    counsel for the respondent has defended the impugned order

    and submitted that while exercising the power under Section

    115 of the CPC, this Court will not interfere in the well-

    reasoned order as passed by the learned trial Court. He

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    submits that the scope of interference by this Court while

    exercising the power under Section 115 of the CPC is very

    .

    narrow and limited, therefore, the revision petition deserves to

    be rejected.

    18 I heard the learned counsel for the parties and

    gone through the case file.

    of

    19. The precise case of the plaintiff before the

    learned trial Court is that she is a blind lady by birth.

    rt
    Admittedly, both the parties are real brother and sister, and it is

    case of the plaintiff that after the death of her husband late Sh.

    Ganpat, she inherited the suit property.

    20. The plaintiff has stated that taking undue

    advantage of her blindness and old age, the defendant with a

    mala fide intention approached her and requested her to allow

    him to reside with her. Afterwards, the defendant started ill-

    treating the plaintiff, and he used to torture her.

    21. It is case of the plaintiff that being aggrieved on

    account of the torture as committed by the defendant, she

    managed to escape from the wrongful confinement and went

    to the police station and got registered FIR No. 102 of 2022.

    The plaintiff has alleged that after leaving the company of the

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    defendant, she got suspicious that probably the defendant

    might have obtained some documents under the thumb

    .

    impression of the plaintiff. Thereafter, the revenue papers were

    obtained from the Patwari, Patwar Circle, Laheri Sarail, and

    she came to know for the first time on 18 th October 2022, and

    later on 9th January 2023, that the suit land has been

    of
    relinquished in favour of the defendant. Thereafter, she also

    came to know that various cases were filed by the defendant
    rt
    on behalf of the plaintiff by appointing himself as her general

    power of attorney. The general power of attorney was revoked

    on 7th October 2022, and thereafter, she also withdrew the civil

    suits which were frivolously filed by the defendant in the name

    of the plaintiff. The plaintiff has alleged in the civil suit that after

    the registration of FIR, the police visited the house of the

    parties in order to record the statement of both the parties, and

    when the plaintiff requested the defendant to return her articles

    which were in his possession and also requested to deliver the

    possession of the land and the house, the defendant flatly

    refused to do so and threatened her that he will not relinquish

    the share of the plaintiff at any cost. Immediately thereafter,

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    plaintiff approached the civil court by filing a suit for

    declaration.

    .

    22. On the other hand, the defence as projected by

    the defendant is that the plaintiff had executed a conveyance

    deed/relinquishment deed on 30th December 1994, which was

    subsequently registered in the office of the Sub-Registrar,

    of
    Ghumarwin, District Bilaspur, Himachal Pradesh, on 15th

    February 1995. Thereafter, the mutation was also attested in
    rt
    favour of the defendant, whereby the suit land was transferred

    in the name of the defendant with the express consent of the

    plaintiff.

    23. In order to substantiate his case, the defendant

    has relied upon the statement of the plaintiff, which she had

    made in the judicial proceedings on 27th April 2011, whereby in

    her cross-examination she had acknowledged and affirmed

    that the transaction/relinquishment deed was executed in

    favour of the defendant. Though, for the purpose of

    adjudicating the application under Order VII Rule 11 CPC, the

    contents of the written statement as filed by the defendant

    have not to be taken into consideration, but the same have

    been reproduced only for the purpose of clarity of the facts.

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    24. It is an admitted fact inter se the parties that the

    plaintiff is a blind lady by birth. She has levelled allegation of

    .

    fraud, undue influence, misrepresentation against the

    defendant. It is case of the plaintiff that defendant kept her in

    the confinement, and she was able to escape her from the

    confinement of the defendant with great difficulty.

    of

    25. It is contended by the learned counsel for the

    petitioner that the suit as filed by the plaintiff is hopelessly
    rt
    time-barred as the relinquishment deed is dated 1994, which

    was registered in the year 1995, however, the suit came to be

    instituted in the year 2023. Therefore, on the face of record,

    the suit is liable to be dismissed.

    26. On the other hand, it is contended by Mr. Vikrant

    Chandel, learned counsel for the respondent that the limitation

    has to be taken from the date of the knowledge, and the cause

    of action in the present case accrued to the plaintiff when she

    came to know about the execution of the relinquishment deed

    and the attestation of the mutation.

    27. In order to substantiate his contention, the

    learned counsel for the petitioner has relied upon the

    judgments of Hon’ble Apex Court in Sree Surya Developers

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    and Promoters vs. N. Sailesh Prasad & others, (2022) 5

    SCC 736, decided on 09.02.2022, Forest International

    .

    Limited Vs. Milan Developers and Builders Private and

    Limited and another, (2022) 8 SCC 633, decided on

    01.04.2022 and Uma Devi & others vs. Anand Kumar &

    others, (2025) 5 SCC 198, decided on 02.04.2025.

    of

    28. On the other hand, Mr. Vikrant Chandel has

    relied upon the judgment of the Hon’ble Apex Court in Civil
    rt
    Appeal No. 5622 of 2025 titled as P. Kumarakurubaran v. P.

    Narayanan and Others, decided on 29.04.2025, wherein it

    has been specifically held that Article 59 of the Limitation Act,

    1963 governs the suits seeking cancellation of an instrument

    and prescribes a period of limitation of 3 years from the date

    when the plaintiff first had the knowledge of the facts entitling

    him to such relief. The emphasis under Article 59 is not on the

    date of the transaction, but on the accrual of the cause of

    action, which in cases involving allegations of fraud or

    unauthorized execution of documents hinges upon the date on

    which the plaintiff acquired the knowledge of such facts.

    Whether the plaintiff had prior notice or reason to be aware of

    the transaction at an early point of time, or whether the plea

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    regarding the date of knowledge is credible, are matters that

    necessarily require appreciation of evidence. At the preliminary

    .

    stage, the averments as made in the plaint must be taken at

    their face value and assumed to be true. Once, the date of

    knowledge is specifically pleaded and forms the basis of the

    cause of action, the issue of limitation cannot be decided

    of
    summarily.

    29. As per the Hon’ble Apex Court, when the
    rt
    question of limitation involves disputed facts or hinges on the

    date of knowledge, such issue cannot be decided at the stage

    of Order VII Rule 11 CPC.

    30. In case titled as Chhotanben v. Kiritibhai

    Jalkrushnabhai Thakkar (2018) 6 SCC 422, the Hon’ble

    Supreme Court observed that the plea regarding the date on

    which the plaintiff gained knowledge of the essential facts is

    crucial for deciding the question whether the suit is barred by

    the limitation or not. It becomes triable issue, and the suit

    cannot be thrown out at the threshold.

    31. The Hon’ble Apex Court in P.

    Kumarakurubaran‘s case (supra) has held as follows:

    “8.3. The learned counsel further pointed out that the
    appellant has sought the relief of declaration of title and

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    permanent injunction by expressly disputing the right, title,
    and possession claimed by the respondents. The plaint
    contains specific allegations regarding fraudulent alienation,
    subsequent encumbrance, and the absence of authority on

    .

    the part of the appellant’s father to effect the transfer of the

    suit property. These are serious and contested issues that
    necessitate a detailed adjudication based on oral and
    documentary evidence. At the threshold stage, it is
    impermissible for the Court to assess the truth or falsity of

    these averments or to summarily reject the suit on the
    ground of limitation. Furthermore, the Additional District
    Judge, in declining the application under Order VII Rule 11
    CPC
    committed no jurisdictional error, as the plaint disclosed

    of
    triable issues requiring full-fledged trial. However, the High
    Court while exercising revisional jurisdiction, has erroneously
    interfered with the order of the trial Court and proceeded to
    reject the suit at the preliminary stage.

    rt
    9.3. The learned counsel also submitted that a bare perusal
    of the averments in the plaint reveals that the suit is barred
    by limitation. In this regard, reliance was placed on the

    decisions of this Court in Dahiben v. Arvindbhai Kalyanji
    Bhanusali4
    and Raghwendra Sharan Singh v. Ram
    Prasanna Singh(Dead) by LRs
    5 wherein, it was held that
    when the foundational facts, as pleaded, squarely attract the
    bar of (2020) 7 SCC 366 (2020) 16 SCC 601 limitation, no

    trial is warranted and the suit is liable to be dismissed at the
    threshold. That apart, the learned counsel referred to the
    decision of this Court in Shri Mukund Bhavan Trust and
    Others v. Shrimant Chhatrapati Udayan Raje Pratapsinh

    Maharaj Bhonsle and Another6, wherein, it was clearly held
    that the spirit and intention of Order VII Rule 11(d) CPC is

    only for the courts to nip at its bud when any litigation ex-
    facie appears to be a clear abuse of process.

    11. It is well-settled that Article 59 of the Limitation Act,

    1963, governs suits seeking cancellation of an instrument
    and prescribes a period of limitation of three years from the
    date when the plaintiff first had knowledge of the facts
    entitling him to such relief. The emphasis under Article 59 is
    not on the date of the transaction per se, but on the accrual
    of the cause of action, which, in cases involving allegations
    of fraud or unauthorized execution of documents, hinges
    upon the date on which the plaintiff acquired knowledge of
    such facts.

    12.1. However, we are of the considered view that the issue
    as to whether the appellant had prior notice or reason to be
    aware of the transaction at an earlier point of time, or
    whether the plea regarding the date of knowledge is
    credible, are matters that necessarily require appreciation of

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    evidence. At this preliminary stage, the averments made in
    the plaint must be taken at their face value and assumed to
    be true. Once the date of knowledge is specifically pleaded
    and forms the basis of the cause of action, the issue of

    .

    limitation cannot be decided summarily. It becomes a mixed

    question of law and fact, which cannot be adjudicated at the
    threshold stage under Order VII Rule 11 CPC. Therefore,
    rejection of the plaint on the ground of limitation without
    permitting the parties to lead evidence, is legally

    unsustainable.

    12.2. In this regard, we may usefully refer to the following
    decisions of this Court, which have consistently held that

    of
    when the question of limitation involves disputed facts or
    hinges on the date of knowledge, such issues cannot be
    decided at the stage of Order VII Rule 11 CPC:

    (i) Daliben Valjibhai & Others v. Prajapati Kodarbhai
    Kachrabhai & Another7
    rt
    “10. The First Appellate Court came to the conclusion
    that the defendants made an application for correcting

    the revenue records only in the year 2017 and on the
    said application the Deputy Collector issued notice to
    the plaintiffs in March 2017 and that was the time
    when the plaintiffs came to know about the execution
    of the sale deed. It is under these circumstances that

    the suit was instituted in the year 2017. While the High
    Court came to the correct conclusion that under Article
    59
    of the Limitation Act, a suit can be instituted within
    3 years of the knowledge, it proceeded to return a

    finding that in cases where the document is registered,
    the knowledge must be presumed from the date of

    registration.

    11.

    12. Further, in Chhotanben v. Kirtibhai Jalkrushnabhai

    Thakkar where again a suit for cancellation of sale
    deed was opposed through an application under Order
    7 Rule 11, on ground of limitation, this Court
    specifically held that limitation in all such cases will
    arise from date of knowledge. The relevant portion is
    as follows:

    “15. What is relevant for answering the matter in
    issue in the context of the application under Order
    7 Rule 11(d) CPC, is to examine the averments in
    the plaint. The plaint is required to be read as a
    whole. The defence available to the defendants or
    the plea taken by them in the written statement or
    any application filed by them, cannot be the basis
    to decide the application under Order 7 Rule

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    11(d). Only the averments in the plaint are
    germane. It is common ground that the registered
    sale deed is dated 18-10-1996. The limitation to
    challenge the registered sale deed ordinarily

    .

    would start running from the date on which the

    sale deed was 2024 SCC OnLine SC 4105
    registered. However, the specific case of the
    appellant-plaintiffs is that until 2013 they had no
    knowledge whatsoever regarding execution of

    such sale deed by their brothers, original
    Defendants 1 and 2, in favour of Jaikrishnabhai
    Prabhudas Thakkar or Defendants 3 to 6. They
    acquired that knowledge on 26-12-2012 and

    of
    immediately took steps to obtain a certified copy
    of the registered sale deed and on receipt thereof
    they realised the fraud played on them by their
    brothers concerning the ancestral property and
    two days prior to the filing of the suit, had
    rt
    approached their brothers (original Defendants 1
    and 2) calling upon them to stop interfering with
    their possession and to partition the property and

    provide exclusive possession of half (½) portion of
    the land so designated towards their share.
    However, when they realised that the original
    Defendants 1 and 2 would not pay any heed to
    their request, they had no other option but to

    approach the court of law and filed the subject suit
    within two days therefrom. According to the
    appellants, the suit has been filed within time after
    acquiring the knowledge about the execution of

    the registered sale deed. In this context, the trial
    court opined that it was a triable issue and

    declined to accept the application filed by
    Respondent 1-Defendant 5 for rejection of the
    plaint under Order 7 Rule 11(d). That view
    commends to us.

    …..

    19. In the present case, we find that the appellant-
    plaintiffs have asserted that the suit was filed
    immediately after getting knowledge about the
    fraudulent sale deed executed by original
    Defendants 1 and 2 by keeping them in the dark
    about such execution and within two days from
    the refusal by the original Defendants 1 and 2 to
    refrain from obstructing the peaceful enjoyment of
    use and possession of the ancestral property of
    the appellants. We affirm the view taken by the
    trial court that the issue regarding the suit being
    barred by limitation in the facts of the present
    case, is a triable issue and for which reason the

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    20 ( 2026:HHC:32739)

    plaint cannot be rejected at the threshold in
    exercise of the power under Order 7 Rule
    11(d) CPC.”

    13. In this backdrop, the approach of the High Court in

    .

    reversing the well- reasoned order of the trial Court warrants

    interference. The trial Court had rightly held that the issue of
    limitation necessitated adjudication upon evidence,
    particularly in view of the appellant’s assertion that the
    Power of Attorney executed by him did not confer any

    authority upon his father to alienate the suit property and
    that the impugned transaction came to his knowledge only
    at a much later point in time. In such circumstances, the
    determination of limitation involved disputed questions of

    of
    fact that could not be summarily decided without the benefit
    of trial. The High Court, however, proceeded to reject the
    plaint solely on a prima facie assumption that the suit was
    barred by limitation, without undertaking any examination as
    to whether the plea regarding the date of knowledge was
    rt
    demonstrably false or inherently improbable in light of the
    record. In the opinion of this Court, such an approach
    amounts to an error of law and constitutes a misapplication

    of the well-established principles governing the exercise of
    power under Order VII Rule 11 CPC. For the same reasons,
    the decisions relied upon by the learned counsel for the
    respondents are inapplicable, being factually

    distinguishable.”

    32. In the present case also, specific allegation of

    fraud has been levelled by the plaintiff against the defendant

    and the allegations which have been levelled in the plaint are

    bundle of facts, which are factual in nature, and those can be

    determined or adjudicated upon by leading independent

    evidence by the respective parties. The averment of the plaint

    shows that the plaintiff who is admittedly a blind lady of 87

    years old, has approached the Court by levelling the allegation

    that by fraudulent means, the defendant has

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    21 ( 2026:HHC:32739)

    obtained/procured the relinquishment deed in his favour, and

    thereafter, the mutation has been attested in his favour.

    .

    33. It is case of the plaintiff that being a rustic

    villager, the defendant had duped her by obtaining her thumb

    impression, and that her statement was taken in the

    competent court of law by exerting pressure on her.

    of

    34. Therefore, the learned trial Court was well within

    its right by coming to the conclusion that all the questions and
    rt
    the issues which have been raised by the plaintiff are triable

    issues, and those cannot be rejected or disbelieved by

    invoking the provisions of Order VII Rule 11 of CPC.

    35. The learned trial court has rightly come to the

    conclusion that merely on the basis of the statement which

    the plaintiff had made in Civil Suit No. 89/1 of 2007, it cannot

    be inferred or deciphered that the suit lands in the said suit

    and in the present suit are the same and identical. Even

    otherwise, the attention of this Court has been drawn to the

    statement which the plaintiff had made in the previous suit. It

    no where suggests that she was well aware about the

    execution of the relinquishment deed in favour of the

    defendant.

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    22 ( 2026:HHC:32739)

    36. To the similar extent, the defendant has not been

    able to establish that the suit land in the previous suit and in

    .

    the present suit is the same. Therefore, no strength can be

    gathered by the defendant qua such document.

    37. It is apposite to explain the nature and scope

    conferred to this Court under Section 115 of the CPC and

    of
    analyze whether this Court is empowered to deal with the

    issues raised by the petitioner in the instant case. The said
    rt
    provision reads as under:-

    “Section 115. Revision-

    [(1)] The High Court may call for the record of any case which
    has been decided by any Court subordinate to such High

    Court and in which no appeal lies thereto, and if such
    subordinate court appears–

    (a) to have exercised a jurisdiction not vested in it by law, or

    (b) to have failed to exercise a jurisdiction so vested, or

    (c) to have acted in the exercise of its jurisdiction illegally or
    with material irregularity, the High Court may make such
    order in the case as it thinks fit:

    [Provided that the High Court shall not, under this section,
    vary or reverse any order made, or any order deciding an
    issue, in the course of a suit or other proceeding, except
    where the order, if it had been made in favour of the party
    applying for revision, would have finally disposed of the suit
    or other proceedings.]

    [(2) The High Court shall not, under this section, vary or
    reverse any decree or order against which an appeal lies
    either to the High Court or to any Court subordinate thereto.]

    [(3) A revision shall not operate as a stay of suit or other
    proceeding before the Court except where such suit or other
    proceeding is stayed by the High Court.]

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    23 ( 2026:HHC:32739)

    [Explanation.–In this section, the expression “any case which
    has been decided” includes any order made, or any order
    deciding an issue, in the course of a suit or other
    proceeding.]”

    .

    38. On bare perusal of the above provision, it is clear

    that the High Court can only interfere with the orders of the

    Subordinate Court if the court has committed illegality or

    material irregularity in exercise of its jurisdiction. It is

    of
    imperative to note that under the revisional powers, this Court

    cannot attack the findings on the facts by the Subordinate
    rt
    Court and can only interfere if any infirmities are found with the

    exercise of jurisdiction of the Court and not when the courts

    erroneously decide the cases.

    39. The primary object of the revision powers

    conferred to the High Courts is to prevent subordinate courts

    from acting arbitrarily, capriciously and illegally while they

    exercise their jurisdiction. The aspect related to the revision

    powers given to the High Court has been extensively dealt

    with by the Hon’ble Supreme Court in a catena of judgments,

    whereby the Hon’ble Court discussed the meaning and scope

    of the said provision.

    40. The Hon’ble Supreme Court in M/s D.L.F.

    Housing and Construction Company (P) Ltd., New Delhi

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    24 ( 2026:HHC:32739)

    vs. Sarup Singh and others, 1969(3) SCC 807, has

    considered the provisions of Section 115 of CPC as follows:

    .

    “5. The position thus seems to be firmly established that

    while exercising the jurisdiction u/s 115, it is not competent
    to the High Court to correct errors of fact however gross or
    even errors of law unless the said errors have relation to the

    jurisdiction of the Court to try the dispute itself. Clauses (a)
    and (b) of this section on their plain reading quite clearly do
    not cover the present case. It was not contended, as indeed
    it was not possible to contend, that the learned Additional

    of
    District Judge had either exercised a jurisdiction not vested
    in him by law or had failed to exercise a jurisdiction so
    vested in him, in recording the order that the proceedings
    under reference be stayed till the decision of the appeal by
    the High Court in the proceedings for specific performance
    rt
    of the agreement in question. Clause (c) also does not
    seem to apply to the case in hand. The words “illegally” and
    “with material irregularity” as used in this Clause do not

    cover either errors of fact or of law; they do not refer to the
    decision arrived at but merely to the manner in which it is
    reached. The errors contemplated by this Clause may, in
    our view, relate either to breach of some provision of law or

    to material defects of procedure affecting the ultimate
    decision, and not to errors either of fact or of law, after the
    prescribed formalities have been complied with. The High
    Court does not seem to have adverted to the limitation

    imposed on its power u/s 115 of the Code. Merely because
    the High Court would have felt inclined, had it dealt with the

    matter initially, to come to a different conclusion on the
    question of continuing stay of the reference proceedings
    pending decision of the appeal, could hardly justify
    interference on revision u/s 115 of the Code when there

    was no illegality or material irregularity committed by the
    learned Additional District Judge in his manner of dealing
    with this question. It seems to us that in this matter the High
    Court treated the revision virtually as if it was an appeal.

    41. The Hon’ble Supreme Court in Civil Appeal

    No.5622 of 2025, titled as P. Kumarakurubaran vs, P.

    Narayanan & others, held as under:-

    14. It is also to be noted that the appellant has categorically
    averred in the plaint that he executed the registered power of

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    25 ( 2026:HHC:32739)

    attorney in favour of his father solely for the limited purpose of
    constructing a house 16 and carrying out related activities.
    There is no express clause authorizing his father to sell the
    suit property to any person without the appellant’s consent and

    .

    knowledge.Yet, the appellant’s father executed a sale deed in

    favour of his granddaughter, going beyond the scope of the
    power of attorney, which raises serious doubt about misuse of
    authority and potential fraud. Such assertions cannot be
    rejected in the application under Order VII Rule 11 CPC.

    Accordingly, we are of the view that the plaint discloses a
    cause of action which cannot be shut out at the threshold.
    Thus, the trial Court acted within its jurisdiction in refusing to
    reject the plaint and in holding that the matter ought to

    of
    proceed to trial. The High Court, while exercising its revisional
    jurisdiction under Section 115 CPC, ought not to have
    interfered in the absence of any jurisdictional error or
    perversity in the trial court’s order. Rejecting the plaint where
    substantial factual disputes exist concerning limitation and the
    rt
    scope of authority under the Power of Attorney, is legally
    unsustainable.”

    42. In Ajit Singh & others vs. Krishan Kumar, decided

    on 18th October, 2023, the Hon’ble Delhi High Court, held as

    under:

    “11. The same view is reiterated in a later decision of this
    Court in the case of Managing Director (Mig) Hindustan

    Aeronautics Ltd. v. Ajit Prasad Tarway [(1972) 3 SCC 195]
    wherein a three-Judge Bench of this Court speaking through

    Hegde, J. clearly stated that the High Court under Section 115
    CPC had no jurisdiction to interfere with the order of the first
    appellate court based on facts or even involving any error of
    law. It was next observed that it was not the conclusion of the

    High Court that the first appellate court had no jurisdiction to
    make the order that it made. The order of the first appellate
    court may be right or wrong; may be in accordance with law or
    may not be in accordance with law; but one thing is clear, that
    it had jurisdiction to make that order. It was not the case that
    the first appellate court exercised its jurisdiction either illegally
    or with material irregularity. That being so, the High Court
    could not have invoked its jurisdiction under Section 115 of the
    Civil Procedure Code.”

    43. In view of the observation as made hereinabove,

    whereby the learned trial Court has come to the conclusion

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    26 ( 2026:HHC:32739)

    that the issues as raised by the plaintiff are triable issues,

    which cannot be adjudicated and put to an end at the

    .

    threshold, therefore, the impugned order as passed by the

    learned trial Court does not suffer from any infirmity.

    44. Consequently, the present petition being devoid

    of any merit deserves to be rejected. Order accordingly.

    of

    45. However, it is made clear that observations as

    made in the present case will not have any bearing on the
    rt
    merits of the main case as these observations are strictly for

    the disposal of the instant petition.

    All the pending miscellaneous application(s), if

    any, shall also stand disposed of.

    (Romesh Verma)
    Judge

    July 29, 2026
    (Nisha)

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