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2017 (9) TMI 2009 - HC - Indian LawsSuit is barred by time limitation or not - rejection of plaint - Order VII, Rule 11 read with Section 9A and Section 151 of the Code of Civil Procedure - HELD THAT:- In the oral evidence adduced by the appellant also, the appellant admits that in the year 2011, he learned about the Will. So, the own pleadings of the appellant and his admissions given in his oral evidence, would together show that on 26.7.2011, he was well aware that the suit property could not be alienated in any manner by its occupant and that there were attempts made by the occupant to sell the suit property. Such knowledge of the appellant constituted a clear right to sue to get a relief which is the main relief in prayer clause (1) to the effect that as per Will dated 4.3.1946, the suit property cannot be let out, sold, mortgaged, bequeathed or alienated in any manner. For getting such a declaration, it was enough for the appellant to apprehend, founded on reasonable basis, that the suit property was likely to be alienated and such apprehension would have constituted and in fact, it being already there has constituted in the present case, a cause of action for filing of a suit seeking such a relief by the appellant. So, the limitation for this relief in the present case began to run on 26.7.2011 and that means, suit for this relief should have been filed on or before 25.7.2014. But, suit has been filed in January 2015 and, therefore, the main relief sought in the present suit would have to be said as barred by law of limitation as prescribed under Article 58 of the Limitation Act - Once it is found that the main relief sought in the suit itself is barred by limitation, the other reliefs being consequential in nature, could also not be granted and thus, for those reliefs also, the suit would not be maintainable in law. There are no error of fact or law could be noticed in the impugned judgment and there is no need to make any interference with it. The suit filed by the appellant is barred by the law of limitation - there is no merit in the appeal and it deserves to be dismissed - Appeal is dismissed.
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