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july 2005

Supreme Court of India · 2005-07-11

N.V. SRINIVASA MURTHY vs MARIYAMMA DEAD BY PROPOSED LRS

Citation / case number
SC 2003/17650
Court
Supreme Court of India
Petitioner
N.V. SRINIVASA MURTHY
Respondent
MARIYAMMA DEAD BY PROPOSED LRS
Author
B. N. SRIKRISHNA D. M. DHARMADHIKARI
Bench
B. N. SRIKRISHNA D. M. DHARMADHIKARI

Judgment text excerpt

The Supreme Court held that the plaint was rightly rejected under Order VII Rule 11(d) of the Code of Civil Procedure as it was barred by law. The Court found that the cause of action for reconveyance arose on 25.3.1987 when the loan was repaid, but the suit was filed much later, thus failing to meet the limitation period. The Court upheld the High Court's decision, affirming that the plaint did not disclose a valid cause of action and was liable to rejection.

N.V. SRINIVASA MURTHY vs MARIYAMMA DEAD BY PROPOSED LRS · Niyam