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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.

RAGHWENDRA SHARAN SINGH vs RAM PRASANNA SINGH(DEAD) · Niyam