[2025:RJ-JP:17051] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 14/2022 Birdi Chand S/o Late Shri Bhoora Lal Ji Sankhla, R/o 4/11 Khanna Colony Near Geeta Bhawa, Beawar. ----Petitioner Versus 1. Mukti Lal S/o Late Shri Kanhaiya Lal Kumawat, R/o Municipal No. 5/4 East Nehru Nagar Gali No. 1 House No. 38-39, Mutha Bohra Colony, Nehru Ngar, Beawar District Ajmer Raj. 2. State Of Rajasthan Through District Collector Ajmer, Office At District Collector Ajmer (Raj.) 3. Sub - Registrar, District Ajmer, Office At Sub- Registrar Office Beawar District Ajmer (Raj.) 4. Municipal Council Beawar Through Commissioner, Municipal Council Beawar Office At Municipal Council Beawar, District Ajmer. (Raj.) ----Respondents For Petitioner(s) : Mr. Jai Prakash Gupta, Adv. For Respondent(s) : None Present for respondent No.1. Mr. Dheeraj Tripathi, Adv. for respondent No.3. Mr. Brij Kishore Sharma, Adv. for respondent No.4. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment DATE OF JUDGMENT 24/04/2025 This Civil Revision Petition has been filed by the petitioner- defendant (for short ‘the defendant’) against the order dated 15.11.2021 passed by Additional District & Sessions Judge No.1, Beawar, District Ajmer in Civil Suit No.21/2021, whereby the application filed by the defendant under Order 7 Rule 11 read with Section 151 CPC has been dismissed. [2025:RJ-JP:17051] (2 of 3) [CR-14/2022] Learned counsel for the defendant submits that respondent No.1-plaintiff (for short ‘the plaintiff’) filed a suit against the defendants for cancellation of sale deed dated 18.06.2014, declaring the same as null and void, permanent and mandatory injunction in which defendant filed an application under Order 7 Rule 11 read with Section 151 CPC but trial court vide order dated 15.11.2021 dismissed the application filed by the defendant. Learned counsel for the defendant also submits that disputed property was purchased by the defendant on 18.06.2014 on a sale consideration of Rs.17,30,000/- and defendant had paid the entire sale consideration amount to the plaintiff by three different cheques. Sale deed was executed by plaintiff and he had done signature as well as put thumb impression in the presence of the witnesses and also handed over the possession of the disputed property to the defendant but plaintiff filed present suit for cancellation of so-called agreement after a lapse of 7 years on bogus and fictitious ground. He had knowledge regarding sale deed in the year 2014 when it was executed but trial court wrongly came to the conclusion that the question of limitation is a mixed question of law and fact. Suit for cancellation of sale deed ought to have been filed within 3 years of its execution. So, order dated 15.11.2021 passed by the trial court be set aside and suit filed by the plaintiff be dismissed being time barred. Learned counsel for the defendant has placed reliance upon the following judgments : (1) Nikhila Divyang Mehta & Anr. Vs. Hitesh P. Sanghvi & Ors. (Arising out of SLP (C) No.13459/2024) decided on 15.04.2025 and (2) Dahiben [2025:RJ-JP:17051] (3 of 3) [CR-14/2022] Vs. Arvindbhai Kalyanji Bhanusali (Gajra) dead reported in (2020) 7 SCC 366. Despite service of notice, none has appeared on behalf of plaintiff. I have considered the arguments advanced by learned counsel for the defendant and perused the impugned order. It is an admitted position that sale deed was executed by plaintiff in favour of the defendant on 18.06.2014. For cancellation of sale deed, plaintiff filed the present suit after a lapse of 7 years and he wanted to create limitation by adducing the fraudulent transaction between him and defendant. The trial court had committed error in dismissing the application filed by the defendant. So, present petition filed by the defendant deserves to be allowed. The Civil Revision Petition filed by the defendant is allowed. The order dated 15.11.2021 passed by the trial court is set aside and suit filed by the plaintiff is dismissed being time barred. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Jatin /96