C.S. Ramaswamy Versus V.K. Senthil & Ors

C.S. Ramaswamy Versus V.K. Senthil & Ors

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 500 OF 2022

C.S. Ramaswamy …Appellant(s)

Versus

V.K. Senthil & Ors. …Respondent(s)

WITH

CIVIL APPEAL NO. 504 OF 2022

C.S. Ramaswamy …Appellant(s)

Versus

Nanjammal & Ors. …Respondent(s)

WITH

CIVIL APPEAL NO. 505 OF 2022

C.S. Ramaswamy …Appellant(s)

Versus

Shanmugam & Ors. …Respondent(s)

WITH

CIVIL APPEAL NO. 506 OF 2022

C.S. Ramaswamy …Appellant(s)

Versus

Karupannan & Ors. …Respondent(s)

WITH

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CIVIL APPEAL NO. 502 OF 2022

C.S. Ramaswamy …Appellant(s)

Versus

K. Palaniappan & Ors. …Respondent(s)

WITH

CIVIL APPEAL NO. 501 OF 2022

C.S. Ramaswamy …Appellant(s)

Versus

N. Kalikrishnan & Ors. …Respondent(s)

AND

CIVIL APPEAL NO. 503 OF 2022

C.S. Ramaswamy …Appellant(s)

Versus

Nanjammal & Ors. …Respondent(s)

J U D G M E N T

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned common

judgment and order passed by the High Court of Judicature at Madras in

respective C.R.P. Nos. 1931, 1921, 1973, 1968, 1975, 1976 and 1922 of

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2019 by which the High Court has dismissed the said civil revision

petitions and has confirmed the orders passed by the learned Trial Court

rejecting the applications filed under Order VII Rule 11 of Code of Civil

Procedure (hereinafter referred to as “CPC”) to reject the respective

plaints filed by the appellant herein – original defendant, who has

preferred the present appeals.

2. That the respondents herein – original plaintiffs have filed the

respective suits before the learned Trial Court for cancellation of the sale

deed executed by the plaintiffs in favour of the appellant – original

defendant as null and void and also to declare that the plaintiffs are the

absolute owners of the suit schedule property and consequently restrain

the defendant from in any manner alienating the suit schedule property.

2.1 Having been served with summons of the suit, the original

defendant – appellant herein filed applications before the learned Trial

Court to reject the respective plaints in exercise of powers under Order

VII Rule 11(d) of the CPC mainly on the ground that the respective suits

were clearly barred by the law of limitation. The said applications were

resisted by the plaintiffs by submitting that the Sale Deeds dated

12.09.2005, 19.09.2005, 22.09.2005, 29.09.2005 and 30.09.2005 for

which the relief to cancel the same has been prayed in the suit was

obtained by fraudulent misrepresentation and it was obtained by fraud.

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According to the plaintiffs, by fraudulent misrepresentation of the

character of the document, i.e., as if it is a Joint Development Project,

the defendant got the sale deeds and the plaintiffs without knowing the

contents of the documents have executed the said deeds. According to

the plaintiffs, they came to know about the same only in April, 2015 and

immediately thereafter they had filed the present suits.

2.2 The learned Trial Court dismissed the applications under Order VII

Rule 11 CPC by observing that the issue of limitation is a mixed question

of law and facts and therefore, the respective prayers are not required to

be rejected at this stage in exercise of powers under Order VII Rule

11(d) of the C.P.C.

2.3 Feeling aggrieved and dissatisfied with the orders passed by the

learned Trial Court rejecting the applications under Order VII Rule 11(d)

CPC and refusing to reject the plaints, the defendant filed the revision

petitions before the High court.

2.4 By the impugned judgment and order, the High Court has

dismissed the said civil revision petitions, which has given rise to the

present appeals at the instance of the original defendant.

3. Shri Kapil Sibal, learned Senior Advocate has appeared on behalf

of the appellant – original defendant and Shri Sushil Kumar Jain, learned

Senior Advocate has appeared on behalf of the contesting respondents

– original plaintiffs.

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4. Shri Sibal, learned Senior Advocate appearing on behalf of the

appellant – original defendant has vehemently submitted that in the facts

and circumstances of the case, both, the learned Trial Court as well as

the High Court have erred in not allowing the applications under Order

VII Rule 11(d) CPC and in not rejecting the respective plaints as the

same were barred by limitation. It is vehemently submitted that in the

present case, the sale deeds, which are now sought to be cancelled

were executed in the year 2005 and the sale consideration was paid by

demand drafts and the same were credited into the bank accounts of the

plaintiffs. It is submitted that the said sale deeds are registered sale

deeds. It is submitted that the suits have been filed in the year 2016,

i.e., after a lapse of more than 10 years and so the said suits are clearly

barred by the law of limitation. The learned Trial Court ought to have

rejected the plaints in exercise of powers under Order VII Rule 11(d)

CPC.

4.1 It is vehemently submitted by Shri Sibal, learned Senior Advocate

appearing on behalf of the appellant – original defendant that even on

bare looking on the averments in the plaint and there are vague

averments with respect to the date of knowledge of the alleged fraud

and the documents and the respective suits have been filed after a

period of 10 years from the date of execution, which is a fit case to

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exercise the powers under Order VII Rule 11(d) CPC. It is vehemently

submitted that merely by making some vague averments with respect to

fraud, the plaintiffs cannot be permitted to bring the suits within the

period of limitation. It is submitted that there must be specific allegations

and averments in the suit, how the fraud has been committed. It is

submitted that mere stating in the plaint that the registered sale deeds

were executed by playing the fraud is not sufficient to file the suits after a

period of 10 years.

4.2 Shri Sibal, learned Senior Advocate appearing on behalf of the

appellant has vehemently submitted that in the present case, with

respect to the very sale deeds, earlier a suit was filed by the minor to

which some of the original plaintiffs were also parties and the said suits

came to be dismissed in the year 2014. It is submitted that immediately

thereafter the present suits were filed in the year 2015/2016. It is

submitted that therefore, it cannot be said that the plaintiffs were not

having the knowledge of the nature of the respective sale deeds and/or

the contents of the sale deeds.

4.3 Making above submissions and relying upon the decision of this

Court in the case of Raghwendra Sharan Singh Vs. Ram Prasanna

Singh (Dead) by Legal Representatives, (2020) 16 SCC 601, it is

prayed to allow the present revision petitions and consequently allow the

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application submitted by the appellant – original defendant and to reject

the respective plaints in exercise of the powers under Order VII Rule

11(d) of the CPC.

5. Present appeals are vehemently opposed by Shri Sushil Kumar

Jain, learned Senior Advocate appearing on behalf of the respondents -

original plaintiffs.

5.1 It is submitted that there is specific cause of action pleaded in the

respective plaints and there are allegations of fraud and it is the case on

behalf of the plaintiffs that the sale deeds/documents are the result of

fraud and sham and from the date of knowledge in the year 2015

thereafter immediately the respective suits were filed, it cannot be said

that the respective suits are barred by limitation.

5.2 It is submitted that as rightly observed and held by the Trial Court

as well as the High Court that in the facts and circumstances of the case,

the issue with respect to limitation is a mixed question of law and facts

and therefore, such an issue of limitation is required to be considered at

the time of trial, no error has been committed by the learned Trial Court

and/or the High Court in refusing to reject the plaints in exercise of

powers under Order VII Rule 11(d) CPC.

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5.3 It is submitted that as per the settled position of law, while

considering and/or deciding the application under Order VII Rule 11

CPC, only the averments and allegations in the plaint are required to be

considered. Reliance is placed on the decisions of this Court in the case

of Sopan Sukhdeo Sable & Ors. Vs. Assistant Charity

Commissioner & Ors., (2004) 3 SCC 137; Srihari Hanumandas

Totala Vs. Hemant Vithal Kamat & Ors., (2021) 9 SCC 99; and Ram

Prakash Gupta Vs. Rajiv Kumar Gupta & Ors., (2007) 10 SCC 59.

5.4 It is submitted that as held by this Hon’ble Court in the case of

Church of Christ Charitable Trust and Educational Charitable

Society Vs. Ponniamman Educational Trust, (2012) 8 SCC 706, the

cause of action is bundle of facts where all the events are required to be

pleaded. It is submitted that therefore on considering the necessary

averments in the plaint disclosing the cause of action and considering

the averments and allegations in the entire plaint, it cannot be said that

the suits are barred by limitation.

5.5 It is submitted that in the plaint, it is specifically averred that the

plaintiffs came to know about the contents of the sale deeds only in the

year 2015 and having come to know in the year 2015 that the Sale

Deeds were got executed by the defendant by fraud and

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misrepresentation as the plaintiffs had signed the said documents

believing the same as Joint Development Agreement and therefore, it

cannot be said that the suits are clearly barred by the law of limitation.

5.6 It is submitted that the question of limitation is a mixed question of

fact and law. It is submitted that in the present matter, the plaintiffs are

required to prove during the trial that the facts so alleged in paras 11-19,

if those facts are established, then the plaintiffs are entitled to benefit of

Section 17 of the Limitation Act.

5.7 It is submitted that considering Section 17 of the Limitation Act, the

period of limitation shall begin to run only from the date of discovery of

such fraud. It is submitted that as per the averments and allegations in

the plaints, the plaintiffs came to know about the fraud in the year 2015

and therefore, considering Section 17 of the Limitation Act, the suits

cannot be said to be barred by limitation. Reliance is placed on the

decision of this Court in the case of Salim D. Agboatwala & Ors. Vs.

Shamalji Oddhavji Thakkar & Ors., 2021 SCC Online SC 735.

5.8 Shri Jain, learned Senior Advocate appearing on behalf of the

respondents - original plaintiffs vehemently submitted that in the present

case, defendant himself filed the writ petition in the name of the plaintiffs

and even in the names of the dead owners, which shows that the

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plaintiffs not only got the sale deeds executed in the name of Joint

Venture Agreement but even got the blank documents, which were taken

and used for filing the writ petitions.

5.9 Making above submissions and relying upon the above decisions,

it is prayed to dismiss the present appeals.

6. Heard the learned Senior Advocates appearing on behalf of the

respective parties at length.

7. We have gone through in detail the averments and allegations in

the plaints.

7.1 At the outset, it is required to be noted that by filing the respective

suits, the original plaintiffs have prayed to cancel the registered Sale

Deeds, which were executed by the original plaintiffs. The respective

suits have been filed in the year 2015/2016, i.e., after a period of 10

years from the date of execution of such registered sale deeds.

Therefore, the defendant filed the applications and prayed to reject the

respective plaints in exercise of the powers under Order VII Rule 11(d)

CPC on the ground that the suits are clearly barred by the law of

limitation. On the other hand, it is the case on behalf of the plaintiffs that

as the sale deeds/documents were got executed by fraud and

misrepresentation and the plaintiffs signed the said documents believing

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or treating it as Joint Venture Agreement and the plaintiffs did not go

through the contents of the said documents and as in the year 2015, the

plaintiffs came to know about such fraud and obtaining the

documents/sale deeds by misrepresentation, considering Section 17 of

the Limitation Act, the said suits cannot be said to be barred by

limitation. It is the case on behalf of the plaintiffs that in any case, the

question of limitation being a mixed question of law and facts, and,

therefore, in the facts and circumstances of the case, the plaints may not

be rejected in exercise of the powers under Order VII Rule 11(d) CPC. It

is the case on behalf of the plaintiffs that while considering the

application under Order VII Rule 11 CPC, the allegations and averments

in the plaints are required to be considered.

7.2 While considering the issue/question whether the plaints filed by

the plaintiffs are required to be rejected on the ground of limitation in

exercise of powers under Order VII Rule 11(d) CPC, the cause of action

pleaded in the plaints is required to be referred to, which reads as

under:-

“21. The cause of action for the suit arose on 19.09.2005

the date on which the plaintiffs executed the sale

deed in favour of the defendant registered as

document No. 3555/2005, on 20.09.1983 the date

when Government of Tamil Nadu issued Sec. 4 (1)

notice of Land Acquisition Act in respect of the

plaintiff's lands, on 20.09.1983 the date when after

Section 4(1) notification the Government of Tamil

Nadu a declaration under Section 6 was issued in

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G.O. No. 1426 by the Housing and Urban

Development Department, on subsequent dates

when land acquisition proceedings were initiated by

the Government of Tamil Nadu filed a writ petition in

W.P. No. 4079 of 1989 against the plaintiff and other

land owners, on 07. 07 .1989 the date when the stay

order in WMP No. 5983 of 1989 was given, on

07.01.1994 the date when stay order was vacated,

on 01.04.1998 the date when the plaintiffs filed a writ

appeal questioning the said order in W.A. No. 258 of

1994, on 01.04.1998 the date when High Court

quashed the entire acquisition proceedings under the

old land acquisition act, on subsequent dates when

the housing board has filed SLP (C) No. 13458 to

13462 of 1998 which was subsequently withdrawn

with liberty to approach the Honorable High Court of

Madras by filing the review petition, on subsequent

date when the housing board filed a review petition

before the High Court in Review No. 68 of 1999

seeking to review the order dated 01.04.1998 passed

in WA No. 258 of 1994 and W.P. No. 4079 of 1989,

on 04.10.2007 the date when the review petition was

allowed thereby setting aside the order dated

01.04.1998, on 05.01.2009 the date when the M.P. 1

of 2008 was dismissed by the High Court Division

Bench, on 09.07.2012 the date when the petitioners

in writ petition preferred a SLP (C) No. 15932 and

15933 of 2020 before Supreme Court and an order of

status quo was granted and the same is pending on

23.06.2014 the date when the defendant obtained a

fraudulent decree by filing a writ petition before High

Court Madras under new land acquisition act, on

04.04.2015 the date when the plaintiff wrote letter to

advocate who alleged to have represented on behalf

of the plaintiff, on 19.04.2015 the date when the

plaintiff received the reply admitting that plaintiffs and

other land owners, during the month of November

when the plaintiffs came to know about the fraudulent

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sale and on all other subsequent where the suit

properties are satiated within the jurisdiction of this

Hon'ble Court at Coimbatore.“

7.3 In paragraph 19, the plaintiffs have made averments with respect

to the date of knowledge. Paragraph 19 reads as under:-

““19. The plaintiffs humbly submit that the plaintiffs and

other land owners have not sold the properties to the

defendant at all. They did not receive any

consideration from the defendant at all they did not

hand over any possession also and the alleged

fraudulent sale came to the knowledge of the

plaintiffs only when the plaintiffs visited the suit

properties. Hence, immediately the plaintiffs and

other land owners took steps to engage their own

advocates and now the plaintiffs and other land

owners are being represented by their own counsel

at Chennai. Hence, the plaintiffs in order to remove

the could cover the title of the land have filed the suit

to cancel the alleged sale deeds executed by the

plaintiffs in favour of the defendant through

fraudulent means.”

7.4 Thereafter, in paragraph 20, it is averred and alleged as under:-

“20. The plaintiffs humbly submit that the defendant has

obtained the sale deed from the plaintiffs by

fraudulent means therefore the alleged sale deed

executed by plaintiffs in favour of the defendant as

document No. 3555/2005 dated 19.09.2005 has to

be cancelled.”

7.5 Therefore, even considering the averments and allegations in the

plaints only, it can be seen that even according to the plaintiffs, the

cause of action for the suit arose on 19.09.2005, the date on which the

plaintiffs executed the sale deed in favour of the defendant. In

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paragraph 21, while considering the cause of action, it is further averred

that the cause of action has arisen on:-

(i) 20.09.1983 – when Section 4 Notification was issued by the

Government of Tamil Nadu;

(ii) when the Writ Petition No. 4079 of 1989 was filed;

(iii) 07.07.1989 – the date when the said order in W.M.P. No.

5983 of 1989 was given;

(iv) 07.01.1994 – the date when the said order was vacated;

(v) 01.04.1998 – the date when the plaintiffs filed a writ appeal;

(vi) 01.04.1998- when the High Court quashed the entire

acquisition proceedings and on subsequent dates when the

Housing Board filed the special leave petitions before this

Court.

7.6 From the aforesaid, it can be seen that most of the cause of

actions alleged are much prior to /prior to the execution of the registered

Sale Deeds.

7.7 Even the averments and allegations with respect to knowledge of

the plaintiffs averred in paragraph 19 can be said to be too vague.

Nothing has been mentioned on which date and how the plaintiffs had

the knowledge that the document was obtained by fraud and/or

misrepresentation. It is averred that the alleged fraudulent sale came to

the knowledge of the plaintiffs only when the plaintiffs visited the suit

property. Nothing has been mentioned when the plaintiffs visited the suit

property. It is not understandable how on visiting the suit property, the

plaintiffs could have known the contents of the sale deed and/or the

knowledge about the alleged fraudulent sale.

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7.8 Even the averments and allegations in the plaint with respect to

fraud are not supported by any further averments and allegations how

the fraud has been committed/played. Mere stating in the plaint that a

fraud has been played is not enough and the allegations of fraud must

be specifically averred in the plaint, otherwise merely by using the word

“fraud”, the plaintiffs would try to get the suits within the limitation, which

otherwise may be barred by limitation. Therefore, even if the submission

on behalf of the respondents – original plaintiffs that only the averments

and allegations in the plaints are required to be considered at the time of

deciding the application under Order VII Rule 11 CPC is accepted, in

that case also by such vague allegations with respect to the date of

knowledge, the plaintiffs cannot be permitted to challenge the

documents after a period of 10 years. By such a clever drafting and

using the word “fraud”, the plaintiffs have tried to bring the suits within

the period of limitation invoking Section 17 of the limitation Act. The

plaintiffs cannot be permitted to bring the suits within the period of

limitation by clever drafting, which otherwise is barred by limitation. At

this stage, a recent decision of this Court in the case of Raghwendra

Sharan Singh (supra) is required to be referred to. In the said decision,

this Court had occasion to consider all earlier decisions on exercise of

powers under Order VII Rule 11 CPC, which are considered by this

Court in paragraphs 6.4 to 6.9 as under:-

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“6.4. In T. Arivandandam [T. Arivandandam v. T.V. Satyapal,

(1977) 4 SCC 467], while considering the very same

provision i.e. Order 7 Rule 11 CPC and the decree of the

trial court in considering such application, this Court in para

5 has observed and held as under: (SCC p. 470)

“5. We have not the slightest hesitation in

condemning the petitioner for the gross abuse

of the process of the court repeatedly and

unrepentantly resorted to. From the statement

of the facts found in the judgment of the High

Court, it is perfectly plain that the suit now

pending before the First Munsif's Court,

Bangalore, is a flagrant misuse of the mercies

of the law in receiving plaints. The learned

Munsif must remember that if on a meaningful

— not formal — reading of the plaint it is

manifestly vexatious, and meritless, in the

sense of not disclosing a clear right to sue, he

should exercise his power under Order 7 Rule

11 CPC taking care to see that the ground

mentioned therein is fulfilled. And, if clever

drafting has created the illusion of a cause of

action, nip it in the bud at the first hearing by

examining the party searchingly under Order 10

CPC. An activist Judge is the answer to

irresponsible law suits.”

6.5. In Church of Christ Charitable Trust & Educational

Charitable Society [Church of Christ Charitable Trust &

Educational Charitable Society v. Ponniamman Educational

Trust, (2012) 8 SCC 706], this Court in para 13 has

observed and held as under: (SCC p. 715)

“13. While scrutinising the plaint averments, it is

the bounden duty of the trial court to ascertain

the materials for cause of action. The cause of

action is a bundle of facts which taken with the

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law applicable to them gives the plaintiff the

right to relief against the defendant. Every fact

which is necessary for the plaintiff to prove to

enable him to get a decree should be set out in

clear terms. It is worthwhile to find out the

meaning of the words “cause of action”. A

cause of action must include some act done by

the defendant since in the absence of such an

act no cause of action can possibly accrue.”

6.6. In ABC Laminart (P) Ltd. v. A.P. Agencies [(1989) 2

SCC 163], this Court explained the meaning of “cause of

action” as follows: (SCC p. 170, para 12)

“12. A cause of action means every fact, which

if traversed, it would be necessary for the

plaintiff to prove in order to support his right to a

judgment of the court. In other words, it is a

bundle of facts which taken with the law

applicable to them gives the plaintiff a right to

relief against the defendant. It must include

some act done by the defendant since in the

absence of such an act no cause of action can

possibly accrue. It is not limited to the actual

infringement of the right sued on but includes

all the material facts on which it is founded. It

does not comprise evidence necessary to prove

such facts, but every fact necessary for the

plaintiff to prove to enable him to obtain a

decree. Everything which if not proved would

give the defendant a right to immediate

judgment must be part of the cause of action.

But it has no relation whatever to the defence

which may be set up by the defendant nor does

it depend upon the character of the relief

prayed for by the plaintiff.”

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6.7. In Sopan Sukhdeo Sable [Sopan Sukhdeo

Sable v. Charity Commr., (2004) 3 SCC 137] in paras 11

and 12, this Court has observed as under: (SCC p. 146)

“11. In ITC Ltd. v. Debts Recovery Appellate

Tribunal [ITC Ltd. v. Debts Recovery Appellate

Tribunal, (1998) 2 SCC 70] it was held that the

basic question to be decided while dealing with

an application filed under Order 7 Rule 11 of

the Code is whether a real cause of action has

been set out in the plaint or something purely

illusory has been stated with a view to get out

of Order 7 Rule 11 of the Code.

12. The trial court must remember that if on a

meaningful and not formal reading of the plaint

it is manifestly vexatious and meritless in the

sense of not disclosing a clear right to sue, it

should exercise the power under Order 7 Rule

11 of the Code taking care to see that the

ground mentioned therein is fulfilled. If clever

drafting has created the illusion of a cause of

action, it has to be nipped in the bud at the first

hearing by examining the party searchingly

under Order 10 of the Code. (See T.

Arivandandam v. T.V. Satyapal [(1977) 4 SCC

467].)”

6.8. In Madanuri Sri Rama Chandra Murthy [Madanuri Sri

Rama Chandra Murthy v. Syed Jalal, (2017) 13 SCC 174],

this Court has observed and held as under: (SCC pp. 178-

79, para 7)

“7. The plaint can be rejected under Order 7

Rule 11 if conditions enumerated in the said

provision are fulfilled. It is needless to observe

that the power under Order 7 Rule 11 CPC can

be exercised by the court at any stage of the

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suit. The relevant facts which need to be looked

into for deciding the application are the

averments of the plaint only. If on an entire and

meaningful reading of the plaint, it is found that

the suit is manifestly vexatious and meritless in

the sense of not disclosing any right to sue, the

court should exercise power under Order 7

Rule 11 CPC. Since the power conferred on the

court to terminate civil action at the threshold is

drastic, the conditions enumerated under Order

7 Rule 11 CPC to the exercise of power of

rejection of plaint have to be strictly adhered to.

The averments of the plaint have to be read as

a whole to find out whether the averments

disclose a cause of action or whether the suit is

barred by any law. It is needless to observe that

the question as to whether the suit is barred by

any law, would always depend upon the facts

and circumstances of each case. The

averments in the written statement as well as

the contentions of the defendant are wholly

immaterial while considering the prayer of the

defendant for rejection of the plaint. Even when

the allegations made in the plaint are taken to

be correct as a whole on their face value, if they

show that the suit is barred by any law, or do

not disclose cause of action, the application for

rejection of plaint can be entertained and the

power under Order 7 Rule 11 CPC can be

exercised. If clever drafting of the plaint has

created the illusion of a cause of action, the

court will nip it in the bud at the earliest so that

bogus litigation will end at the earlier stage.”

6.9. In Ram Singh [Ram Singh v. Gram Panchayat Mehal

Kalan, (1986) 4 SCC 364], this Court has observed and

held that when the suit is barred by any law, the plaintiff

cannot be allowed to circumvent that provision by means of

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clever drafting so as to avoid mention of those

circumstances, by which the suit is barred by law of

limitation.”

7.9 Applying the law laid down by this Court in the aforesaid decisions

on exercise of powers under Order VII Rule 11 CPC to the facts of the

case on hand and the averments in the plaints, we are of the opinion

that both the Courts below have materially erred in not rejecting the

plaints in exercise of powers under Order VII Rule 11(d) CPC. The

respective suits have been filed after a period of 10 years from the date

of execution of the registered sale deeds. It is to be noted that one suit

was filed by the minor, which was filed in the year 2006, in which some

of the plaintiffs herein were also party to the said suit and in the said suit,

there was a specific reference to the Sale Deed dated 19.09.2005 and

the said suit came to be dismissed in the year 2014 and immediately

thereafter the present suits have been filed. Thus, from the averments in

the plaint and the bundle of facts stated in the plaint, we are of the

opinion that by clever drafting, the plaintiffs have tried to bring the suits

within the period of limitation, which otherwise are barred by limitation.

Therefore, considering the decisions of this Court in the case of T.

Arivandandam (supra) and other decision of Raghwendra Sharan

Singh (supra), and as the respective suits are barred by the law of

limitation, the respective plaints are required to be rejected in exercise of

powers under Order VII Rule 11 CPC.

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8. In view of the above and for the reasons stated above, all these

appeals succeed. The impugned common judgment and order passed

by the High Court rejecting the revision applications and the orders

passed by the learned Trial Court rejecting the respective applications

under Order VII Rule 11 CPC and refusing to reject the plaints in

exercise of powers under Order VII Rule 11 CPC are hereby quashed

and set aside. The respective applications filed by the appellant herein –

original defendant to reject the respective plaints on the ground that the

same are barred by the law of limitation are hereby allowed. The

respective plaints are hereby rejected on the ground that the same are

barred by limitation.

Present appeals are accordingly allowed. However, in the facts

and circumstances of the case, there shall be no order as to costs.

………………………………….J.

 [M.R. SHAH]

NEW DELHI; ………………………………….J.

SEPTEMBER 30, 2022. [KRISHNA MURARI]

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