Daliben Valjibhai Prajapati vs Kodarbhai Kachrabhai 2024 INSC 1049 - Order VII Rule 11 CPC - Art. 59 Limitation Act

Code of Civil Procedure 1908 - Order VII Rule 11 ; Limitation Act 1963 - Article 59 - Suit for cancellation of sale deed - In impugned judgment, HC noted 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- Allowing appeal, SC observed: The High Court not justified in holding that the limitation period commences from the date of registration itself- High Court not justified in allowing the application under Order 7 Rule 11, on issues that were not evident from the plaint averments itself.