Supreme Court of India · 2006-05-02
Prem Singh & Ors vs Birbal & Ors
- Citation / case number
- AIR 2006 SUPREME COURT 3608
- Court
- Supreme Court of India
- Petitioner
- Prem Singh & Ors
- Respondent
- Birbal & Ors
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court addressed the applicability of Article 59 of the Limitation Act, 1963 in a suit for setting aside a Deed of Sale executed when the plaintiff was a minor. The Court held that since the Deed of Sale was executed fraudulently while the plaintiff was a minor, the limitation period did not commence until he attained majority, thus making the suit timely. The Court upheld the findings of the Appellate Court that the Deed was void ab initio due to the plaintiff's minority at the time of execution, affirming the lower court's decision to dismiss the appeal.