Supreme Court of India · 2019-03-13
RAGHWENDRA SHARAN SINGH vs RAM PRASANNA SINGH(DEAD)
- Citation / case number
- SC 2013/18559
- Court
- Supreme Court of India
- Petitioner
- RAGHWENDRA SHARAN SINGH
- Respondent
- RAM PRASANNA SINGH(DEAD)
- Author
- HON'BLE MR. JUSTICE M.R. SHAH
- Bench
- HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE L. NAGESWARA RAO
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of the revision petition against the Munsif's order rejecting the application to reject the plaint under Order 7 Rule 11(d) of the CPC. The Court ruled that the question of limitation regarding the deed of gift executed on 06.03.1981 could not be determined without oral evidence, thus affirming the need for a full trial. The Court emphasized that the suit was not barred by limitation at the preliminary stage, allowing the original plaintiff's claim to proceed.