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Supreme Court of India 2019-03-13 allowed

Raghwendra Sharan Singh vs Ram Prasanna Singh (Dead) by LRs

Bench: 2 — 2

In Brief

The Supreme Court allowed the appellant's appeal and set aside the High Court and trial court orders. The case concerned a suit seeking a declaration that a gift deed for land was a sham document. The Court held that such a suit was barred by the limitation period under Article 59 of the Limitation Act and that the trial court should have rejected the plaint under Order 7 Rule 11 of the Code of Civil Procedure. The Court rejected the use of declaratory relief as a device to circumvent substantive limitation periods.

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Limitation Civil Procedure Plaint Rejection Declaratory Relief Property Law

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