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LegalFirms.in Judgments · legalfirms.in/judgments/santosh-devi-vs-sunder-20250502/ · Printed 07 Nov 2026
Civil · Reportable judgment

Santosh Devi vs Sunder

Court
Supreme Court of India
Date
2 May 2025
Case No.
Special Leave Petition (Civil) No. 12658 of 2025
Result
Dismissed
Bench
J.B. Pardiwala, R Mahadevan
Citation
[2025] 6 S.C.R. 156 : 2025 INSC 627
Acts & Sections
CPC Limitation Act, 1963
Supreme Court Reports [2025] 6 S.C.R. 156 : 2025 INSC 627
Issue for consideration
Whether the High Court rightly dismissed the second appeal filed by the petitioner herein (plaintiff) affirming the judgment passed by the First Appellate Court which had upheld the decree passed by the trial court dismissing the suit on the ground of limitation.
Headnote

Limitation Act, 1963 – s.17 – Effect of fraud or mistake – Code of Civil Procedure, 1908 – Or.VII, r.6 – Grounds of exemption from limitation law – Petitioner filed suit seeking cancellation of sale deed on the ground that fraud was played upon her to sign the sale deed and thereby transfer the subject property – Suit dismissed on the ground of limitation – Challenge to: Held: The initial onus was on the plaintiff who had challenged the sale deed – Fraud was alleged as a ground upon which the plaintiff justified the institution of the suit long after the expiry of the limitation period – Further, the requirement of Or.VII, r.6, CPC is also clear – The plaint should show the ground upon which the exemption from the normal period of limitation is claimed – It is not the mere use of general words such as ‘fraud’ that can serve as the foundation for the plea – Such expressions are quite ineffective to give the legal basis in the absence of particular statements of fact which alone can furnish the requisite basis for the action – Thus, the fraud relating to the sale transaction as alleged itself would not help the plaintiff in getting over the plea of limitation in this case – Under/s.17, Limitation Act, the plaintiff should have been kept out of knowledge of his right to sue by means of fraud – The alleged fraud relating to the sale transaction itself has nothing to do with the question viz., that the plaintiff had been kept out of knowledge of her right to file a suit for cancellation of the sale deed because of fraud – High Court committed no error in passing the impugned judgment. [Paras 17-19, 21, 22]

Keywords: Section 17 of Limitation Act, 1963 · Order VII Rule 6 of Code of Civil Procedure, 1908 · Fraud · Suit for cancellation of sale deed · Dismissal of suit · Limitation · Exemption from the normal period of limitation · Kept out of knowledge of right to sue · By means of fraud · Concurrent findings · Onus of proof · Registered document · Presumed to be genuine

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order J.B. Pardiwala, J. 1. Delay condoned in filing and refiling the SLP. 2. This petition arises from the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh dated 23.7.2024 in Regular Second Appeal No. 520/2020 by which the High Court dismissed the second appeal preferred by the petitioner herein and thereby affirmed the judgment and order passed by the First Appellate Court affirming the judgment and decree passed by the trial court dismissing the suit. 3. The petitioner is before us against the concurrent findings of three Courts. 4. It appears from the ma
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