
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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