Santosh Devi vs Sunder 2025 INSC 627 - Order VII Rule 6 CPC -S. 17 Limitation Act - Registration

Code of Civil Procedure 1908 - Order VII Rule 6 - It is necessary that the plaint should show the ground upon which the exemption from the normal period of limitation is claimed. (Para 18) It is not the mere use of general words such as ‘fraud’ that can serve as the foundation for the plea. Such expressions are quite ineffective to give the legal basis in the absence of particular statements of fact which alone can furnish the requisite basis for the action. (Para 19)

Limitation Act -Section 17- Under Section 17 of the Limitation Act, the plaintiff should have been kept out of knowledge of his right to sue by means of fraud - the fraud relating to the sale transaction as alleged itself would not help the plaintiff in getting over the plea of limitation (Para 21) When fraud is alleged against the defendant, it is an acknowledged rule of pleading that the plaintiff must set forth the particulars of the fraud which he alleges. (Para 18) [Context: In this case, the court found that the alleged fraud relating to the sale transaction itself has nothing to do with the question viz., that the plaintiff had been kept out of knowledge of his right to file a suit for cancellation of the sale deed because of fraud.]

Registration Act - A document is presumed to be genuine if the same is registered - Prem Singh and Ors. v. Birbal (Para 17)