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december 2024

Supreme Court of India · 2024-12-11

Daliben Valjibhai vs Prajapati Kodarbhai Kachrabhai

Citation / case number
2024 INSC 1049
Court
Supreme Court of India
Petitioner
Daliben Valjibhai
Respondent
Prajapati Kodarbhai Kachrabhai
Author
Pamidighantam Sri Narasimha
Bench
Pamidighantam Sri Narasimha

Judgment text excerpt

The Supreme Court addressed the issue of limitation under the Limitation Act, holding that the suit for cancellation of a sale deed filed after 13 years was barred by limitation as per Article 58 of the Limitation Act, which prescribes a limitation period of three years for such suits. The Court emphasized that the plaintiffs were aware of the sale deed since 2004, and their claim of discovering the fraud only in 2017 was insufficient to extend the limitation period. The appeal was dismissed, affirming the lower court's ruling that the suit was not maintainable due to the lapse of time.

Daliben Valjibhai vs Prajapati Kodarbhai Kachrabhai · Niyam