Supreme Court of India · 2007-10-11
C. Natrajan vs Ashim Bai & Anr
- Citation / case number
- AIR 2008 SUPREME COURT 363
- Court
- Supreme Court of India
- Petitioner
- C. Natrajan
- Respondent
- Ashim Bai & Anr
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court held that the suit filed by the appellant for declaration of title and injunction was not barred by limitation under Article 58 of the Limitation Act, as the cause of action arose when the plaintiff became aware of the mistake in the sale deed. The Court emphasized that the knowledge of the mistake was crucial in determining the starting point of limitation, and since the suit was filed within the prescribed period, the rejection of the plaint under Order VII Rule 11(d) was unwarranted. The Court reversed the lower court's decision and allowed the suit to proceed.