Rejection under Order 7 Rule 11 of CPC
My mother and sisters 2, 3 and 4 filed a partition suit against me. My father executed a gift deed of his self-acquired property to me in 2014. In 2015, my mother executed a gift deed of her self acquired property to sisters 2,3 and 4. In 2016, my father gift-deeded another self-acquired property of his to sister 1. In 2017, he filed a case against his own brother in another case related to an intestate property. That brother challenged my gift deed saying it is a family property. My sisters and mother impleaded in the case in 2019. That means they were aware of the fact that my uncle had challenged my gift deed. Now, I have filed a suit under Order 7 Rule 11 seeking dismissal on the grounds that they had prior knowledge, and had multiple causes of action, which they did not utilise. They say that they gained knowledge only when summons was issued in a permanent injunction case I filed against them in 2024 March. This is a lie, because since 2014, 5 gift deeds, 2 sale deeds and 1 JV agreement were executed. Now they contend that the suit can't be dismissed because limitation is a mixed question of law and facts. I am saying under clause d of LA act sec 59, three years is the bar once they come to gain knowledge. SC says date of registration = date of deemed knowledge.
Will I win the case? After winning, what law should I invoke to punish them? Sec 246 of BNS? Or suits for damage.