[2025:RJ-JP:25353] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 227/2023 1. Chaturbhuj S/o Kishna, Aged About 46 Years, R/o Rashili, Tehsil Maujmabad, District Jaipur. 2. Sheonarayan S/o Kishna, Aged About 52 Years, R/o Rashili, Tehsil Maujmabad, District Jaipur. ----Petitioners Versus 1. Satyaprakash S/o Late Ramkaran, Aged About 65 Years, R/o Village Rashili Tehsil Mauzamabad, Thana Phagi District Jaipur, Presently R/o 14, Ramkaran Niwas, Raghunathpuri-2 Extension, Behind Vivekanand School, Airport, Sanganer, Jaipur. 2. Kamla Devi Wife Of Bajrang Lal D/o Late Ramkaran, Aged About 68 Years, R/o Village Rashili Tehsil Mauzamabad, Thana Phagi District Jaipur, Presently R/o 14, Ramkaran Niwas, Raghunathpuri-2 Extension, Behind Vivekanand School, Airport, Sanganer, Jaipur. 3. Shri Narayan S/o Panna Lal, R/o Village Kumariya Tehsil Malpura, District Tonk Rajasthan). 4. State Of Rajasthan, Through Collector, Collectorate, Bani Pork, Jaipur. 5. Tehsildar, Tehsil Maujmabad, Dudu District Jaipur. 6. Sub-Registrar, Sub-Registrar Office, Maujmabad, Dudu District Jaipur. ----Respondents For Petitioner(s) : Mr. J P Goyal, Sr. Adv. assisted by Ms. Jyoti Swami, Adv. Mr. Vimal Kumar Jain, Adv. For Respondent(s) : Mr. Mahesh Lugria, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment DATE OF JUDGMENT 10/07/2025 [2025:RJ-JP:25353] (2 of 3) [CR-227/2023] The present civil revision petition has been filed by the petitioners-defendant Nos. 2 and 3 (for short 'the defendants') against the order dated 06.09.2023 passed by Civil Judge Dudu, District-Jaipur (for short 'the trial Court') in civil suit No. 76/2022, whereby the trial Court dismissed the application filed by the defendants under Order VII Rule 11 CPC. Learned senior counsel for the defendants submits that respondent Nos. 1 and 2 (for short 'the plaintiffs') had filed a civil suit for cancellation of the registered sale deed, declaration and permanent injunction against the defendants and respondent Nos. 3 to 6 in which defendants filed an application under Order VII Rule 11 CPC mentioning therein that the suit filed by the plaintiffs is time barred because the plaintiffs had the knowledge with regard to sale deed dated 31.08.1994 on 07.06.2017. The plaintiffs also filed a suit before the revenue Court in the year 2017 for declaring so-called sale deed as null and void. After a lapse of more than 5 years, plaintiffs filed present suit on 13.10.2022. As per the Limitation Act, suit for cancellation of the sale deed is to be filed within a period of 3 years from the date of knowledge but the trial Court wrongly dismissed the application filed by the defendants. Therefore, the order dated 06.09.2023 passed by the trial Court be set aside and the revision petition filed by the defendants be allowed and the suit filed by the plaintiffs be dismissed being time barred. Learned senior counsel for the defendants has placed reliance upon the judgment passed by the Hon'ble Apex Court in the case of "Nikhila Divyang Mehta & Anr. Vs. Hitesh P. Sanghvi & Ors." reported in 2025 INSC 485. [2025:RJ-JP:25353] (3 of 3) [CR-227/2023] Learned counsel for the plaintiffs has opposed the arguments advanced by learned counsel for the defendants and submits that the trial Court rightly dismissed the application filed by the defendants because the point of limitation is to be decided only after taking evidence of the parties because it is a mixed question of law and fact. So, present petition filed by the defendants being devoid of merit, is liable to be dismissed. I have considered the arguments advanced by learned counsel for the defendants as well as learned counsel for the plaintiffs. It is an admitted position that plaintiffs had knowledge on 07.06.2017 with regard to sale deed dated 31.08.1994. On 13.10.2022, present suit was filed by the plaintiffs. They had already filed a revenue suit in the year 2017 with regard to declaration of so-called sale deed as null and void. So, in my considered opinion, plaintiffs had knowledge with regard to so- called sale deed in the year 2017. They had to file the suit with regard to cancellation of sale deed within 3 years from the date of knowledge but they had filed the present suit after a lapse of 5 years on 13.10.2022, so, the trial Court had committed an error in dismissing the application filed by the defendants. Therefore, the revision petition filed by the defendants is allowed and the order dated 06.09.2023 passed by the trial Court is set aside. The suit filed by the plaintiffs is dismissed being barred by limitation. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Tahir/84