When can a plaint be rejected as “barred by law”?
The Supreme Court clarified that limitation and ownership questions are often mixed issues of law and fact; they cannot be decided at the threshold. The Court restored the trial court’s decision, emphasizing that a suit for possession based on title carries a 12-year limitation under Article 65 of the Limitation Act.
Key Takeaways :
✅ Limited scope of Order 7 Rule 11(d) CPC
✅ Mutation entries do not confer ownership.
✅ Limitation question involves mixed fact and law.
✅ Possession - based suits have 12 - year limitation.
✅ Multiple - relief principle - If a suit involves multiple reliefs and any one of them is within limitation, the plaint cannot be rejected in entirety under Order 7 Rule 11(d).
✅ Error by the High Court
✅ Outcome : appeals allowed.
Statutes:
1. CPC, 1908 – Order 7 Rule 11, Order 2 Rule 2
2. Limitation Act, 1963 – Articles 58 & 65
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