Pawan Rout vs Shanti Kumrain & Others
2025 Latest Caselaw 1772 Jhar

Jharkhand High Court

Pawan Rout vs Shanti Kumrain & Others on 16 January, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                             Second Appeal No. 493 of 2018

                Pawan Rout                                    ...       ...    Appellant
                                    Versus
             Shanti Kumrain & Others            ...        ...      Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellant : Mr. Rahul Kumar Gupta, Advocate For the Respondents : Mr. Amit Kr. Sinha, Advocate : Ms. Saman Ahmad, Advocate

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15/16.01.2025 Learned counsel for the parties are present.

2. Learned counsel for the appellant has submitted that although there are number of points which have been framed as substantial question of law, but if point no. 1 regarding limitation is decided in favour of the appellant, the other questions of law need not be entered into. He submits that the learned Trial Court held that the suit was barred by limitation and this finding was reversed by the learned Appellate Court. The present appellant was the defendant before the learned trial Court.

3. Learned counsel for the appellant during the course of argument has relied upon the judgment passed by the Hon'ble Supreme Court reported in (1996) 7 SCC 767 (Md. Noorul Hoda Vs. Bibi Raifunnisa and others) (paragraph 6) and he submits that even in case of fraud the suit for declaration for cancellation of the deed has to be filed within a period of 3 years from the date of knowledge. He submits that the suit was ex-facie barred by limitation.

4. At the request of the learned counsel for the appellant, post this case for further hearing on 21st January 2025 to be taken up at 10.30 a.m.

(Anubha Rawat Choudhary, J.) Pankaj