[2025:RJ-JP:26611] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 69/2024 1. Shri Anil Arya S/o Late Shri Manna Lal Arya, Aged About 62 Years, Resident Of B 18, Panchsheel Colony, Purani Chungi Naka, Ajmer Road, Jaipur, Rajasthan 2. Smt Sarika Arya W/o Late Shri Anil Arya, Aged About 60 Years, Resident Of B 18, Panchsheel Colony, Purani Chungi Naka, Ajmer Road, Jaipur, Rajasthan 3. Amit Arya S/o Late Shri Anil Arya, Aged About 42 Years, Resident Of B 18, Panchsheel Colony, Purani Chungi Naka, Ajmer Road, Jaipur, Rajasthan ----Petitioners Versus 1. Smt. Vinita Singh D/o Late Shri Manna Lal Arya, Aged About 64 Years, Resident Of B 18, Panchsheel Colony, Purani Chungi Naka, Ajmer Road, Jaipur, Rajasthan 2. Shri Rajeev Arya S/o Late Shri Manna Lal Arya, Aged About 58 Years, Resident Of B 18, Panchsheel Colony, Purani Chungi Naka, Ajmer Road, Jaipur, Rajasthan 3. Smt. Reema Agrawal D/o Late Shri Manna Lal Arya, Aged About 65 Years, Resident Of B-18, Gokul Vatika, Jawahar Lal Nehru Marg, Jaipur, Rajasthan. 4. Registrar, Sub Registrar-Vii, Jaipur Office - Chitrakoot Yojana, Vaishali Nagar, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Pyare Lal, Adv. For Respondent(s) : Mr. Rajendra Soni, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 16/07/2025 This civil revision petition has been filed by the petitioners- defendants (for short 'the defendants') against the order dated 06.12.2023 passed by Additional District and Sessions Judge No. [2025:RJ-JP:26611] (2 of 3) [CR-69/2024] 9, Jaipur Metropolitan-I (for short 'the trial Court') in civil suit No. 13/2021 titled as "Vinita Singh Vs. Anil Arya and Ors." by which the trial Court dismissed the application filed by the defendants. Learned counsel for the defendants submits that respondent No. 1-plaintiff (for short 'the plaintiff') filed a civil suit for declaring the relinquishment deed dated 11.08.2016, registered on 26.08.2016 as null and void alongwith partition and permanent injunction against the defendants in which defendants filed an application under Order VII Rule 11 CPC mentioning therein that the suit filed by the defendant for declaring relinquishment deed dated 11.08.2016 (registered on 26.08.2016) as null and void is barred by limitation, as the time limit for filing such a suit is three years and for cancellation of said document time limit is 3 years The suit was filed after a lapse of five years. So, the suit was time barred, but the trial Court wrongly dismissed the application filed by the defendants. Therefore, the order dated 06.12.2023 passed by the trial Court be set aside and the suit filed by the plaintiff be dismissed being barred by limitation. Learned counsel for the plaintiff has opposed the arguments advanced by learned counsel for the defendants and submits that plaintiff had no knowledge with regard to relinquishment deed. Said relinquishment deed was executed without her knowledge and her signature was obtained fraudulently. When she came to know with regard to relinquishment deed, she filed the suit for declaring it as a null and void. So, the trial Court rightly came to conclusion that question of limitation would only be decided after evidence of the parties. So, the present petition filed by the defendants being devoid of merit, is liable to be dismissed. [2025:RJ-JP:26611] (3 of 3) [CR-69/2024] I have considered the arguments advanced by learned counsel for the defendants as well as learned counsel for the plaintiff. It is an admitted position that said relinquishment deed was executed by plaintiff and was also registered. So, in my considered opinion, contention of the plaintiff that she had no knowledge with regard to execution of the relinquishment deed does not seem to be trustworthy. Admittedly, she filed the present suit after a lapse of 5 years. So, in my considered opinion, the suit filed by her was time barred. Therefore, the trial Court wrongly dismissed the application filed by the defendants. So, the petition filed by the defendants deserves to be allowed. Accordingly, the civil revision petition filed by the defendants is allowed. The order dated 06.12.2023 passed by the trial Court is set aside and the suit filed by the plaintiff is dismissed being barred by limitation. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Tahir/94