Wednesday, 20 June 2018

Rejection of pliant on the ground of limitaiton-suit for declaration filed in 2013, after getting knowledge of fraudulent sale deed executed inthe year 1996. Suit whether barred by limitation is traible issue- cannot be rejected at threshold.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3500 OF2018(Arising out of SLP (Civil) No.26401 of 2017) CHHOTANBEN AND ANR. :Versus: …..Appellant(s) KIRITBHAI JALKRUSHNABHAI THAKKAR AND ORS. ....Respondent(s)

AIR 2018 SC 2447


Rejection of pliant on the ground of limitation-Suit for declaration filed in 2013, after getting knowledge of fraudulent sale deed executed in the year 1996. Suit whether barred by limitation is traible issue- Cannot be rejected at threshold.
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In case of Agreements of sale in respect of open lands and no constructions are existing thereon, it is only Article 6(A) of Schedule 1(A) of the Indian Stamp Act, 1899, applies but not Article 6(B) of Schedule 1(A) of the Indian Stamp Act, 1899.

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