I. TIME BARRED BY LIMITATION U/S 21 LIMITATION ACT R/W O1.R.10(5) CPC
| Ramti Devi v. UoI 1995 1SCC 198 ¶2 | "As seen, when the appellant had knowledge of it on 29-1-1949 itself the limitation began to run from that date and the three years' limitation has hopelessly been barred on the date when the suit was filed…. …recitals of the documents would show that the sale deed was executed for valuable consideration to discharge pre-existing debts and it is a registered document. Apart from the prohibition under Section 92 of the Evidence Act to adduce oral evidence to contradict the terms of the recital therein, no issue in this behalf on the voidity of the sale deed or its binding nature was raised nor a finding recorded that the sale deed is void under Section 23 of the Contract Act. Pleading itself is not sufficient. Since the appellant is seeking to have the document avoided or cancelled, necessarily, a declaration has to be given by the court in that behalf. Until the document is avoided or cancelled by proper declaration, the duly registered document remains valid and binds the parties. So the suit necessarily has to be laid within three years from the date when the cause of action had occurred. Since the cause of action had arisen on 29-1- 1947, the date on which the sale deed was executed and registered and the suit was filed on 30-7-1966, the suit is hopelessly barred by limitation." |
| Raghwendra Sharan Singh v. Ram Prasanna Singh, (2020) 16 SCC 601 | Relief of declaration to set aside gift deed not prayed for cannot be granted and if such prayer was asked it would have been barred by limitation. ¶7 last lines, and ¶8 |
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