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Judgment
The Petitioners, who are the Defendants in Title Suit No. 12 of 2025 and Title Suit No. 13 of 2025 before the Learned District Judge, Special Division-I, Gangtok, have preferred these Revision Petitions under Section 115 read with Section 151 of the Code of Civil Procedure, 1908, challenging the orders passed by the Learned Trial Court.
The Defendants raised a preliminary objection regarding limitation. Based on the pleadings, the Learned Trial Court proceeded to adjudicate this issue. The suits were instituted for declaration, cancellation of documents, and consequential reliefs. According to the pleadings, the Plaintiffs learned about the Defendants' title only in the year 2025, the same year the suits were filed. Under the Limitation Act, 1963, specific provisions govern suits for declaration and cancellation of instruments. The question of when the cause of action accrued to the Plaintiffs is a matter to be tried and decided after framing issues and receiving evidence. The Court ought not to have rejected or decided the matter at the threshold unless the plaint itself manifestly disclosed that it was barred by limitation. When an issue requires evidence for proper determination, the Court should relegate it for final consideration post-trial.
Although the maintainability of these Revision Petitions might ordinarily be questioned given that the issues were decided against the Defendants, this Court considers them maintainable to correct the Trial Court's premature exercise of jurisdiction in deciding the issue at the threshold. Having considered the submissions of both sides, and given that the questions raised involve mixed questions of fact and law, it is appropriate to set aside the findings for fresh consideration along with the trial.
Accordingly, the impugned orders dated 22.06.2026 are set aside.
However, it is clarified that this Court has not expressed any opinion on the merits or the maintainability of the suits. All findings in the impugned orders are hereby set aside, and the parties are granted liberty to adduce evidence in support of their respective pleadings and contentions.
With the above observations, Revision Petitions CRP No. 08 of 2026 and CRP No. 09 of 2026 stand disposed of. All pending interlocutory applications, if any, stand disposed of accordingly.