Unknown vs Smt. Sukhraj Kaur on 13 March, 2026

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    Uttarakhand High Court

    Unknown vs Smt. Sukhraj Kaur on 13 March, 2026

                    Office Notes,
                 reports, orders or
    SL.           proceedings or
          Date                                          COURT'S OR JUDGES'S ORDERS
    No             directions and
                 Registrar's order
                  with Signatures
                                      SA No.5 of 2024
                                      Hon'ble Siddhartha Sah, J.
    

    Mr. Jitendra Chaudhary, Advocate for the
    appellant.

    By means of this second appeal, the
    defendant/appellant has assailed the
    judgment and decree dated 02.01.2023 passed
    in Original Suit No.272 of 2022, Jasbir Singh
    vs. Smt. Sukhraj Kaur, as well as the first
    appellate judgment and decree dated
    07.10.2023 passed in Civil Appeal No.08 of
    2023, Jasbir Singh vs. Smt. Sukhraj Kaur,
    passed by the learned 3rd Additional Civil
    Judge, Haridwar and learned 5th Additional
    District Judge (ADJ), Haridwar, District
    Haridwar respectively, whereby firstly the trial
    court vide its judgment and decree dated
    02.01.2023 dismissed the original suit of the
    plaintiff/appellant under Order 7 Rule 11 (a) &

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    (d) of CPC and thereafter when the appellant
    preferred regular first appeal, the same was
    also dismissed by the 5th ADJ, Haridwar
    confirming the decision of the trial court.

    Heard learned counsel for the appellant.
    The plaintiff/appellant had filed Original
    Suit No.272 of 2022, Jasbir Singh vs. Smt.
    Sukhraj Kaur, seeking cancellation of sale
    deeds dated 01.01.2003 and 18.12.2002.

    Learned counsel for the plaintiff
    /appellant has drawn the attention of the
    Court to paras 5 and 6 of the plaint, wherein
    in para 5, it has been stated that in the year
    2019, the defendant compelled the plaintiff to
    reside separately and refused to undertake the
    family responsibilities. In para 6, it has been
    stated that the defendant did not improve her
    behaviour and on 27.07.2022 refused to cancel
    the sale deed. Therefore, the suit was filed
    vide the plaint verified on 08.11.2022.

    Mr. Jitendra Chaudhary, learned counsel
    for the appellant has taken the Court to the
    trial court’s judgment dated 02.01.2023,
    whereby the plaint has been rejected in
    exercise the powers under Order 7 Rule 11 (a)
    & (d) of CPC.

    The trial court has come to a conclusion
    that the plaintiff did not have cause of action
    since the cancellation of the sale deed has
    been filed after 19 years. The judgment of the
    trial court was assailed before the 1st Appellate
    Court and the 1st Appellate Court has also
    dismissed the appeal vide judgment and order
    dated 07.10.2023. At the first appellate stage,
    the appellate court framed two points for
    determination.

    “(i) Whether the suit filed by the plaintiff
    is without any cause of action and is beyond
    limitation?

    (ii) Whether the original suit has been
    decided by the trial court without considering
    the entire facts and evidence?”

    The 1st Appellate Court has returned the
    finding that the plaint does not mention the
    reasons for bringing the suit within limitation
    as to how the suit is within limitation and in
    such a situation the court acquires the right in
    exercise the provisions Order 7 Rule 11 of
    CPC
    .

    The 1st Appellate Court has further
    returned the finding that on record there is no
    fact which may conclude the delay period
    between 2019 to 2022 was properly explained.

    Learned counsel for the
    plaintiff/appellant has made the submission
    that the limitation of suit for cancellation as
    per Article 59 of the Limitation Act would begin
    to run when the facts entitling the plaintiff to
    have the instrument or decree cancelled or set
    aside first become known to him.

    In the present case, the plaintiff was
    entitled to have the sale deed cancelled only in
    the year 2019 and the suit filed in the year
    2022 was within limitation. Moreover, it has
    also been pleaded that the issue of limitation is
    a mixed question of law and fact and the same
    could not have been decided in an application
    Order 7 Rule 11 (a) & (d) of CPC.

    Considering the facts and circumstances
    of the case and after going through the record,
    the instant appeal deserves to be admitted on
    the following substantial question of law:-

    “(i) Whether the trial court as well as the
    1st Appellate Court erred in returning the
    finding that the suit filed by the
    plaintiff/appellant was barred by limitation?

    (ii) Whether the issue of limitation which
    is a mixed question of law and fact both, can
    be decided merely upon moving an application
    under Order 7 Rule 11 (a) & (d) of CPC or for
    that purpose, the suit is liable to be decided on
    merit after analyzing the evidence on record
    from both side?”

    Issue notice to the respondent. Steps to
    be taken within a week.

    List this case on 11.06.2026.

    (Siddhartha Sah, J.)
    13.03.2026

    Ravi



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