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2022 (10) TMI 627 - SC - Indian LawsTime limitation for initiation of suit - land dispute - issue of limitation can be determined as a preliminary issue Under Order XIV, Rule 2(2) of the Code of Civil Procedure or not - Whether a larger period of limitation of 12 years would be available to the Plaintiffs to bring in a suit by virtue of application of Article 136 of the Limitation Act, 1968, as contended by the Appellant and in the facts and circumstances obtained in this case? - Whether Article 17 or Article 65 of the Act got any application, as contended by the Appellants, in view of the plaint averments, in case Article 136 of the Act is found inapplicable? HELD THAT:- A perusal of Article 136 of the Limitation Act would reveal the indubitable position that it applies only when an application for execution of any decree (other than a decree granting a mandatory injunction) or order of any Civil Court is to be filed - In the instant such a stage for application of Article 136 of the Limitation Act had not reached and, in troth, the question involved is relatable only to the time restriction for initiating legal proceedings to seek the alleged legal right. In the said circumstances, the inevitable conclusion can only be that Article 136 got no application in the case on hand and as such the Appellants could not claim for a larger period of limitation of 12 years. The findings of the Trial Court with respect to preliminary issue of limitation are based on the relevant dates revealed from the pleadings of the Plaintiffs in the plaint itself. True that in the plaint it is repeatedly alleged that the relinquishment deed was obtained fraudulently by the 5th Respondent. However, conspicuously its date was not mentioned - it is very much clear from the plaint averments that the Relinquishment Deed is anterior to the date of letter of intimation to the 5th Respondent (08.03.1991) and obviously, the date of objection against the same was firstly preferred by deceased Nahar Singh viz., 05.04.1991. Evidently, the aforesaid two dates specifically mentioned in the plaint were taken into account by the Trial Court as also by the First Appellate Court and the High Court in the matter of consideration of the question "whether the suit was barred by limitation." In the absence of any successful challenge against the validity of the said Relinquishment Deed by making proper prayer in an appropriate proceedings, and that too within the prescribed period of limitation, the conclusion and finding of the First Appellate Court, cannot be said to be perverse or illegal as there can be no doubt with respect to the position that consideration of validity of a relinquishment deed and consideration of the period of limitation with reference to the same are different and distinct. In the case on hand in view of the nature of the finding on the preliminary issue and the consequential consideration of the suit in terms of Order XIV Rule 2(2)(b) and taking note of the fact that the suit do not survive after such consideration, there are no reason to consider the contention of the Appellants with reference to Order VII Rule 11. Thus, there is absolutely no perversity or illegality in the concurrent findings of the courts below warranting interference in invocation of the power Under Article 136 of the Constitution of India - appeal dismissed.
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