Limitation & Order 7 Rule 11 of C.P.C.
- Basically averments in the plaint are to be looked into while deciding an application.
- Also question of limitation is a triable issue and it can be decided only after taking evidence.
- Issue of limitation for filing of suit being a mixed question of facts and law .
- So issue of limitation can not be decided under order 7 rule 10 of C.P.C. and plaint cannot be be rejected under it.
- Plaint could be rejected under above order on the basis of averments in the plaint . The pleas defence taken by the defendant in written statement would be wholly irrelevant .
= Relevant Provision = =
- Order 7 Rule 11 of C.P.C.
= = Relevant Judgement =
- Chotaben and another v/s Kirtibhai J. Thakkar 2018 SAR 587= 2019(2) M.L.J.17
- Urvashiben & And v/s Krishnakant M. Trivedi 2019 SAR 241.
- M/S Shakti Bhog Food Industries Ltd v/s The Central Bank of India & And 2020 SAR 924.
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