Rejection of Plaint -- Specific Performance-- Constructive Notice Under Section 3 Transfer of Property Act Cannot Defeat Plea of Actual Knowledge under O.7 R.11 CPC
A plaint for specific performance cannot be summarily rejected under Order VII Rule 11(d) of the CPC by mechanically imputing constructive notice of registered documents under Section 3 of the Transfer of Property Act, 1882, when the plaintiff pleads actual knowledge at a later date. Constructive notice is not an inflexible rule; it is a question of fact or mixed question of fact and law, requiring a finding of wilful abstention or gross negligence, which cannot be recorded at a preliminary stage without trial. Under Article 54 of the Limitation Act, 1963, limitation for specific performance runs from the date of actual notice of refusal, not necessarily from the date of registration of documents.
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