LAW FOR ALL

Or. VII R. 11(a), (d) — Rejection of plaint at pre-registration stage — Held, where the plaint pleads detailed cause of action and limitation based on date of knowledge, limitation is a mixed question of law and fact; rejection at threshold on “barred by limitation/no cause of action” is impermissible. Meaningful reading of the plaint as a whole required; trial court erred by imputing knowledge merely from registration of documents. [Paras 25–33, 46–47] Limitation Act, 1963 — Arts. 58 & 65 — Declaration with consequential possession — When declaration of title is accompanied by recovery of possession based on title, Art. 65 (12 years from adverse possession) governs; declaration becomes ancillary. N. Thajudeen v. TN Khadi applied. [Paras 18–24] Specific Relief Act, 1963 — Ss. 31 & 34 — Non-executant’s remedy — Non-executant may seek declaration that deed is void/not binding without cancellation under S.31. Hussain Ahmed Choudhury referred. [Para 24] CPC, 1908 — Or. II R. 2; res judicata — Effect of earlier O.S. No.372/2015, and whether second suit barred, are trial issues; cannot ground Or. VII R. 11 rejection. [Paras 37–38] A.P. Court Fees & Suits Valuation Act, 1956 — Ss. 63, 64 — On setting aside rejection and directing receipt of plaint, refund of full court fee on memo of appeal directed; refund to appellants’ bank account on furnishing particulars. Veluru Prabhavathi followed. [Paras 39–45, 47(iii)-(iv)]