NITABEN AJITBHAI MONANI vs MANISH RAMESHCHANDRA MONANI

C/CRA/441/2025 JUDGMENT DATED: 03/11/2026
(GJHC240357212025)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 441 of 2025
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NITABEN AJITBHAI MONANI
Versus
MANISH RAMESHCHANDRA MONANI & ORS.
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Appearance:
MR MEET D PANSURIA(10170) for the Applicant(s) No. 1
NOTICE SERVED for the Opponent(s) No. 2,3,4,5
SUJAY J ADESHRA(9325) for the Opponent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE D.N.RAY

Date : 03/11/2026
ORAL JUDGMENT
1. Heard Mr. Meet D Pansuria, learned advocate for the
applicant – revisionist and Mr. Sanjay J. Adeshra, learned
advocate for the opponent no.1.
2. It is an admitted position based on the pleadings in the
plaint, that the execution of the gift-deed dated 19.02.2019
has been challenged by a witness thereof in the year 2024 on
the ground that the gift-deed was obtained by coercion and
undue influence. No ground of forgery of the signature as a
witness has been made in the plaint. Upon an application
under Order VII Rule 11(d) on the ground of limitation being
raised, the same has been answered against the defendant by
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C/CRA/441/2025 JUDGMENT DATED: 03/11/2026
(GJHC240357212025)
rejecting the said application by holding the following:-
“….So for personal cause of action plaintiff having a
knowledge regarding a gift deed in 2019, as per the
say of defendant no.2 because he also a witness of so
called gift deed but at the same time he is also a son
of executor of the gift dee. So the question arise
whether as a son of father, the limitation started from
the death of his father or from the date of his personal
knowledge and in these circumstances, it is a mix
question of facts and law so at this stage on the
ground of limitation also the present application is not
required to be decided at this stage and suit of the
plaintiff not rejected at this stage without recording
an evidence from both the sides. Considering all
above discussion, present application on behalf of the
defendant no.2 is not sustainable.”
3. In my view, once it is admitted by the plaintiff that he
has witnessed the gift-deed, then the knowledge of the gift-
deed would necessarily arise from the date of such execution,
i.e.19.02.2019. Therefore, the finding that whether the
limitation would start from the death of the executor of the
gift-deed or from any other date could be said to be a mixed
question of law and facts, is an outright perverse finding,
inasmuch as, the facts are clear that the knowledge of the gift-
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C/CRA/441/2025 JUDGMENT DATED: 03/11/2026
(GJHC240357212025)
deed had arisen on 20.02.2019, independent from the date of
death of the father of the witness.
4. In such view of the matter, the suit filed in 2024 was
obviously barred by limitation and the learned Chief Judicial
Magistrate has erred in rejecting the application under Order
VII Rule 11(d) by holding that it would require a trial to
determine the date of knowledge of the gift-deed where it is
an admitted position that the plaintiff having witnessed the
deed before the Registrar, ought to have been imputed with
the knowledge from the date of such registration alone,
20.02.2019 and from no later date.
5. In such view of the matter, the order dated 17.04.2025
passed by the learned Chief Judicial Magistrate, Jamnagar in
Special Civil Suit No.12 of 2024 below Exh.22 is hereby
quashed and set aside. The Exh.22, which is the application
under Order VII Rule 11(d) filed by the petitioner/defendant is
hereby allowed. Consequently, Special Civil Suit No.12 of
2024 is hereby dismissed as having been filed beyond the date
of limitation.
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C/CRA/441/2025 JUDGMENT DATED: 03/11/2026
(GJHC240357212025)
6. In view of the above, the present Civil Revision
Application is disposed of. Decree to be drawn up accordingly.
(D.N.RAY,J)
A. B. VAGHELA
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