Daliben Valjibhai vs Prajapati Kodarbhai Kachrabhai

insc-2024-1049 Supreme Court of India 11 December 2024 • 13 min read

Judges (2)

Manoj Misra Coram Pamidighantam Sri Narasimha Delivered

Counsel (14)

Alapati Sahithya Krishna Counsel Petitioner Alok Kumar Counsel Respondent Dharita Malkan Counsel Respondent Hetvi K. Patel Counsel Petitioner Jigar Gadhvi Counsel Respondent Khushboo Aakash Sheth Counsel Respondent Nikhil Goel Counsel Petitioner Pradhuman Gohil Counsel Petitioner Purvish Jitendra Malkan Counsel Respondent Rajesh Udit Singh Counsel Respondent Rushabh N. Kapadia Counsel Petitioner Siddharth Singh Counsel Petitioner Siddhi Gupta Counsel Petitioner Taruna Singh Gohil Counsel Petitioner

Parties (2)

Daliben Valjibhai Appellant Prajapati Kodarbhai Kachrabhai Respondent

Case Significance

Daliben Valjibhai vs Prajapati Kodarbhai Kachrabhai is a Supreme Court of India decision dated December 11, 2024 (citation: insc-2024-1049). The Supreme Court allowed the appeal against the Gujarat High Court's dismissal of a second appeal in a suit for cancellation of a sale deed on grounds of forgery. The plaintiffs alleged that a registered sale deed dated 2004 conveying their property was executed through forged signatures, which they discovered only in 2017 when the Deputy Collector issued notice. The Court held that the question of limitation in cases of fraud is a mixed question of fact and law that cannot be decided at the The bench comprised Justices Manoj Misra and Pamidighantam Sri Narasimha. The judgment was delivered by Justice Pamidighantam Sri Narasimha.

Summary

The Supreme Court allowed the appeal against the Gujarat High Court's dismissal of a second appeal in a suit for cancellation of a sale deed on grounds of forgery. The plaintiffs alleged that a registered sale deed dated 2004 conveying their property was executed through forged signatures, which they discovered only in 2017 when the Deputy Collector issued notice. The Court held that the question of limitation in cases of fraud is a mixed question of fact and law that cannot be decided at the threshold under Order 7 Rule 11 CPC, and the matter must go to trial.

What was the outcome of Daliben Valjibhai vs Prajapati Kodarbhai Kachrabhai?

The Supreme Court allowed the appeal against the Gujarat High Court's dismissal of a second appeal in a suit for cancellation of a sale deed on grounds of forgery. The plaintiffs alleged that a regist...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (insc-2024-1049)