Praveen Kumar

Praveen Kumar

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Praveen Kumar
Praveen Kumar
February 10, 2025 at 12:54 PM
*Daliben Valjibhai V. Prajapati Kodarbhai Kachrabhai (2025 SC)* 1. Sale deed was registered in 2004. 2. ⁠Plaintiff filed a suit for cancellation of this sale deed in 2017 claiming in the plaint that he got the knowledge of this fraudulent sale deed in 2017 itself. 3. ⁠Art. 59 of the Limitation Act prescribes 3 years from the date of knowledge. 4. ⁠SC held that this plaint cannot be rejected u/O.7 R.11 (d) CPC as date of knowledge of fraud is a question of fact and is a triable issue. Note: Here, the definition of “Notice” u/s. 3 TPA Expl.I doesn’t apply (which presumes constructive notice from date of registration).
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