Limitation
Yogesh Kumar Gulati
(Querist) 08 March 2013
This query is : Resolved
one of my friend entered into an agreement on 05.12.2003 to purchase a piece of land & thereafter he published a public notice in local news paper on 24.12.2003. One of the son of seller objected to it & published a public notice in contradiction on 31.12.2003. Subsequently, the sale deed was registered on 15.03.2004. Mutation proceedings were done in my friend's favour on 23.05.2004. Now in 2012 the said son of the seller has challenged the sale & filed a suit for declaration the sale deed null & void. In plaint, he falsely claims ignorance of the sale deed for more 8 years & says that sale deed came to his knowledge on 15.04.12 Whereas upon the death of the seller in 2007 the plaintiff & his brother got the balance land of same Khasra mutuated in their joint name but he has delebrately supressed this fact in the plaint to avoid Order 7 rule 11 CPC however in plaint he has mentioned the publication of contradiction on 31.12.2003.
Whether the suit is barred by limitation ? Whether it is hit by Order 7 Rule 11 CPC. For computation the period of limitation, which date would be relevant date of my friend's publication i.e 24.12.2003, plaintiff's contradiction i.e 31.12.2003 or date of registration i.e. 15.03.2004 or date which the plaintiffs claim for knowledge i.e. 15.04.12. What is the remedy for plaintiff's false claim about knowledge ? How, plaintiff can be punished for making false claim in the plaint ?
Advocate M.Bhadra
(Expert) 08 March 2013
If the property was belong and self acquired by the seller(father), son have no right to objection about Sale Deed.However to challenge and revoke the Instrument limitation is three years from the date of execution.
