AIROnline 2025 SC 196

Supreme Court Of India

(From : AIROnline 2025 Kar 177)

Hon'ble Judge(s): Sudhanshu Dhulia, K. Vinod Chandran , JJ

Civil P.C. (5 of 1908) , O.7 R.11(d)— Rejection of plaint - Bar of limitation - Plaintiffs filed suit for partition pleading that their legitimate share in ancestral property had been denied to them - Material on record showed that partition had taken place long ago, based on which family members had disposed of properties by registered sale deeds and suit was filed after 55 years - Predecessors of plaintiffs would be presumed to have notice of registered sale deeds - Trial Court had rightly allowed application under O. 7, R. 11 CPC, holding that the suit did not disclose a proper cause of action and was barred by limitation - High Court erred in holding that there were triable issues in the case and it could not be dismissed merely on an application u/O. 7 R. 11. AIROnline 2025 Kar 177-ReversedAIR 2012 SC 206-Followed (Para 12 13 17 18)