Birdi Chand S/O Late Shri Bhoora ... vs Mukti Lal S/O Late Shri Kanhaiya ...
2022 Latest Caselaw 606 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Revision Petition No. 14/2022

Birdi Chand S/o Late Shri Bhoora Lal Ji Sankhla,
                                                                    ----Petitioner
                                    Versus
Mukti Lal S/o Late Shri Kanhaiya Lal Kumawat and Ors.
                                                                 ----Respondents

For Petitioner(s) : Mr. Jai Prakash Gupta, Advocate through VC

HON'BLE MR. JUSTICE PRAKASH GUPTA Order

24/01/2022

Learned counsel for the petitioner submits that the suit

is clearly barred by limitation. In this regard findings recorded by

the trial Court that question of limitation is a mixed question of

law and fact is perverse and against the material available on

record. It is submitted that the plaintiff himself executed the sale

deed in question on 18.06.2014, therefore, the suit should have

been filed within three years from the date of the sale deed i.e.

18.06.2014 and, therefore, in view of the Article 59 of the

Limitation Act, the suit is clearly time barred. He has placed

reliance on the judgment passed by the Hon'ble Apex Court in

case of Raghwendra Sharan Singh Versus Ram Prasanna

Singh (dead) by Legal Representatives reported in (2020) 16

SCC 601.

Issue notice to the respondents, returnable by

28.02.2022.

Necessary steps be taken within a week.

In the meantime, further proceedings in civil suit No.

21/2021 titled as (Mukti Lal Vs. Birdi Chand and Ors.) pending

(2 of 2) [CR-14/2022]

before the Additional District and Sessions Judge No. 1, Beawar,

District Ajmer, shall remain stayed.

However, this order shall be effective only after service

of notice upon the respondents.

(PRAKASH GUPTA),J

Mohit-12

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