Nitin Saxena vs Amit Saxena

ik-72952847 Delhi High Court 6 December 2024 • 19 min read

Judges (1)

Counsel (10)

Anirudh Bakhru Counsel Defendant Ankit Kakar Counsel Plaintiff Cheitanya Madan Counsel Defendant Madhu Sudan Counsel Plaintiff Pawanjit Bindra Counsel Plaintiff Saket Sikri Counsel Defendant Shivam Prakash Counsel Plaintiff Shreya Vedantika Mehra Counsel Plaintiff Srishti Banerjee Counsel Defendant Vikhyat Oberoi Counsel Plaintiff

Parties (2)

Amit Saxena Defendant Nitin Saxena Plaintiff

Case Significance

Nitin Saxena vs Amit Saxena is a Delhi High Court decision dated December 6, 2024 (citation: ik-72952847). The defendant sought rejection of the plaint under Order VII Rule 11 CPC in a suit seeking cancellation of two release deeds executed on 13.08.2014 regarding property at WZ-300A, Hari Nagar, on the ground that the suit filed in October 2023 was barred by limitation. The court found that since the plaintiff himself was the executant of the release deeds, the three-year limitation period ran from the date of execution (13.08.2014), not from when the plaintiff allegedly discovered fraud in 2022. The case was heard by Justice Manmeet Pritam Singh Arora.

Summary

The defendant sought rejection of the plaint under Order VII Rule 11 CPC in a suit seeking cancellation of two release deeds executed on 13.08.2014 regarding property at WZ-300A, Hari Nagar, on the ground that the suit filed in October 2023 was barred by limitation. The court found that since the plaintiff himself was the executant of the release deeds, the three-year limitation period ran from the date of execution (13.08.2014), not from when the plaintiff allegedly discovered fraud in 2022. The plaint was rejected as barred by limitation under Order VII Rule 11(a) and (d) CPC.

What was the outcome of Nitin Saxena vs Amit Saxena?

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-72952847)