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Supreme Court of India 2022-09-30 allowed

C.S. Ramaswamy vs V.K. Senthil & Ors

Bench: 2 — M.R. Shah, Krishna Murari

In Brief

In this case, the Supreme Court considered whether multiple plaints seeking cancellation of registered sale deeds executed in 2005 should be rejected under Order VII Rule 11(d) CPC as time-barred, given the suits were filed in 2015–2016. The plaintiffs claimed the deeds were obtained through fraudulent misrepresentation, intending to rely on Section 17 of the Limitation Act (which starts time running from discovery of fraud). The Court held that vague and non-specific averments about fraud and the date of knowledge cannot rescue a suit filed more than a decade later. The Court allowed the appeals, rejecting the plaints as barred by limitation, emphasizing that parties cannot use clever drafting to circumvent limitation laws.

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Civil Procedure Limitation Fraud and Misrepresentation Sale Deeds Order VII Rule 11

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