LexP. KUMARAKURUBARAN versus P. NARAYANAN & ORS.
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[2025] 4 S.C.R. 2006 : 2025 INSC 598 P. Kumarakurubaran v. P. Narayanan & Ors. (Civil Appeal No. 5622 of 2025) 29 April 2025 [J.B. Pardiwala and R. Mahadevan,* JJ.] Issue for Consideration Whether the High Court was justified in rejecting the plaint filed by the appellant under Order VII Rule 11 of the Code of Civil Procedure, 1908 on the ground that the suit was barred by limitation. Headnotes† Code of Civil Procedure, 1908 – Or.VII, R.11(d) – Limitation Act, 1963 – Art.59 – On 05.05.1974, appellant herein was assigned a vacant site by the special tahsildar – He executed a power of attorney (registered on 06.01.1978) in favour of his father for purpose of construction – Contrary to which, father of appellant executed a sale deed on 10.10.1988 in favour of second respondent/defendant no.1/grand daughter – On coming to know of the same, the appellant filed a complaint on 09.12.2011 under land grabbing cell against family of defendant no.1 – Thereafter, in 2014 appellant instituted a suit to seek declaration and other consequential reliefs – Respondents/defendants filed an application u/Or.VII, R.11 CPC and sought rejection of plaint on the ground that it was undervalued and was barred by limitation – Application was dismissed by the trial Court – However, the High Court allowed the civil revision petition and held that suit was barred by limitation – Correctness: Held: It is well-settled that Article 59 of the Limitation Act, 1963, governs suits seeking cancellation of an instrument and prescribes a period of limitation of three years from the date when the plaintiff first had knowledge of the facts entitling him to such relief – The emphasis under Article 59 is not on the date of the transaction per se, but on the accrual of the cause of action, which, in cases involving allegations of fraud or unauthorized execution of documents, hinges upon the date on which the plaintiff acquired knowledge of such facts – In the instant case, appellant specifically * Author [2025] 4 S.C.R. 2007 P. Kumarakurubaran v. P. Narayanan & Ors. averred in the plaint that upon becoming aware of registration of documents, he immediately lodged a land grabbing complaint on 09.12.2011 – On the other hand, the respondents/defendants stated in their application filed u/Or.VII R.11 CPC that the appellant had knowledge of the execution of the sale deed by his father in favour of defendant No.1 at the earliest point of time and hence, the suit instituted by the appellant was barred by limitation – The issue as to whether the appellant had prior notice or reason to be aware of the transaction at an earlier point of time, or whether the plea regarding the date of knowledge is credible, are matters that necessarily require appreciation of evidence – At this preliminary stage, the averments made in the plaint must be taken at their face value and assumed to be true – Once the date of knowledge is specifically pleaded and forms the basis of the cause of action, the issue of limitation cannot be decided summarily – It becomes a mixed question of law and fact, which cannot be adjudicated at the threshold stage u/Or.VII R.11 CPC – Therefore, rejection of the plaint on the ground of limitation without permitting the parties to lead evidence, is legally unsustainable. [Paras 11, 12, 12.1] Case Law Cited Dahiben v. Arvindbhai Kalyanji Bhanusali [2020] 5 SCR 694 : (2020) 7 SCC 366; Salim D. Agboatwala & Others v. Shamalji Oddhavji Thakkar & Others [2021] 9 SCR 103 : (2021) 17 SCC 100; Shakti Bhog Food Industries Ltd. v. Central Bank of India & Another [2020] 6 SCR 538 : (2020) 17 SCC 260 – relied on. N. Thajudeen v. Tamil Nadu Khadi and Village Industries Board, 2024 INSC 817 : [2024] 10 SCR 952; Raghwendra Sharan Singh v. Ram Prasanna Singh (Dead) by LRs. [2019] 4 SCR 1069 : (2020) 16 SCC 601; Shri Mukund Bhavan Trust and Others v. Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle and Another, 2024 INSC 1025 : 2024 SCC OnLine SC 3844; Daliben Valjibhai & Others v. Prajapati Kodarbhai Kachrabhai & Another, 2024 INSC 1049 : 2024 SCC OnLine SC 4105 – referred to. List of Acts Code of Civil Procedure, 1908; Limitation Act, 1963. List of Keywords Order VII Rule 11 of CPC; Rejection of plaint; Suit barred by limitation; Article 59 of Limitation Act, 1963; Prior notice of 2008 [2025] 4 S.C.R. Supreme Court Reports transaction; Accrual of cause of action; Mixed question of law and fact; Prelimin
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