SHAZIA KHAN Vs. MUNAZIR ALI

JUDGEMENT

(1.) Heard Sri A.K.S. Yadav, learned counsel for the appellant.

(2.) The defendants/appellants have preferred the present appeal against the order dtd. 21/9/2022 passed by the lower appellate court setting aside the order of the trial Court dtd. 11/3/2019 by which the trial Court has rejected the plaint of Original Suit No.59 of 2012 instituted by the plaintiff/respondent no.1 for cancellation of sale deed with respect to the suit property on the ground that the suit is barred by limitation.

(3.) Brief facts of the case are that the plaintiff/respondent no.1 has instituted Original Suit No.59 of 2012 praying for cancellation of the sale deed alleged to have been executed on 5/12/2006 with respect to the suit property. The suit has been instituted by the plaintiff/respondent no.1 alleging that respondent no.2 Araish Ali (defendant no.2 in the suit) was the son of the plaintiff/respondent no.1 and appellant no.1 Smt. Shazia Khan (defendant no.1 in the suit) is the wife of respondent no.2 (hereinafter referred to as the 'wife of respondent no.2). Further allegation in the plaint is that respondent no.4 (defendant no.4 in the plaint) is the father of appellant no.1.