2024 INSC 1049 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024 (ARISING OUT OF SLP (CIVIL) NO.23625 OF 2024)
DALIBEN VALJIBHAI & ORS. ….APPELLANT(S)
VERSUS
PRAJAPATI KODARBHAI KACHRABHAI & ANR. ….RESPONDENT(S)
J U D G M E N T
1. Leave granted.
2. The appellants, as plaintiffs, instituted a suit for cancellation of
an alleged registered sale deed dated 04.12.2004 said to have been
executed by them conveying the plaint scheduled property in favour of
the respondents/defendants on 10.04.2017. They have alleged that
the said sale deed was brought about through fraudulent means and
the plaintiffs came to know of it only on 31.03.2017, when the Deputy
Collector issued notice to the appellants on an application filed by the
defendants for correcting the revenue entries. After receiving the said
notice, the appellants claim to have applied and obtained a certified
1
copy of the alleged sale deed and having realised thereafter that their
signatures were forged, they instituted the suit on 18.04.2017 for a
declaration and cancellation of the sale deed.
3. Within one month of the institution of the suit, the defendants
filed an application under Order 7 Rule 11, CPC, for rejection of plaint
on two grounds; the first being that the plaintiffs have not joined the
Sub-Registrar as the defendant no. 2 and that the mandatory notice
u...