Sir/Madam,
With due respect, I would like to state the following:
A Power of Attorney and a Sale deed were registered on 24/04/2007 & 14/12/2007 respectively. It is submitted that a Civil Suit had been filed in the year 2019, i.e., after a lapse of more than 10 years against the said registered deeds. Query No. (1) Whether the said suit can be barred by the law of limitation.
It is submitted that there must be specific allegations and averments in the suit, how the fraud had been committed. It is submitted that merely stating in the plaint that the registered Power of Attorney and sale deed were executed by playing the fraud is not sufficient to file the suits after a period of 10 years.
It is vehemently submitted that in the present case, with respect to the very Power of Attorney and Sale deed, earlier a case was filed by the complainant where also both were making parties in the court of Addl. District Magistrate in the year 2017 and based on the said case land demarcation order was issued vide dated 06/10/ 2017 & 21/08/2018 by the concerned Circle Officer and land demarcation was done. It is submitted that immediately thereafter the present civil suit & an FIR in the Police Station were filed in the year 2019.
It is submitted that therefore, it cannot be said that the complainant was not having the knowledge of the nature of the respective Power of Attorney and Sale deed and/or the contents of the deeds.
It is required to be noted that by filing the present suit, the complainant had prayed to cancel the registered Power of Attorney, which was executed by himself. The respective suit had been filed in the year 2019, i.e., after a period of 10 years from the date of execution of such registered Power of Attorney. Therefore, Query No. (2) whether the defendant can file an application and pray to reject the respective plaints in exercise of the powers under Order VII Rule 11(d) CPC on the ground that the suit is clearly barred by the law of limitation.
Even the averments and allegations with respect to knowledge of the plaintiffs averred can be said to be too vague. It is averred that the alleged fraudulent sale came to the knowledge of the complainant only when the complainant visited the concerned Circle Office for getting some documents in the year of 2017. And thereafter, the plaintiffs had applied certified copies of the documents and it took nearly two years and then he filed the present suit as mentioned in the suit.
That Sir/madam, the decisions of the Hon’ble Supreme Court in the case 500/2022 of T. Arivandandam (supra) and other decision of Raghwendra Sharan Singh (supra) may be taken as reference and the respective suits were barred by the law of limitation. Therefore, Query No. (3) whether the present suit is required to be challenged for rejection in exercise of powers under Order VII Rule 11 CPC.
Query No. (4): Whether I may file application to reject the respective plaints under Order VII Rule 11(d) of the CPC mainly on the ground that the suit was clearly barred by the law of limitation.
