Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 18, Article 21 -- Rejection of plaint - Barred by limitation - Recovery suit - Acknowledgment of debt - Loan was advanced on 13.11.2015 and limitation period of three years prescribed u/art 21 of Limitation Act expired much prior to alleged acknowledgement dated 30.7.2020 - Acknowledgment of debt..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If upon a meaningful reading of plaint, Court reaches to a conclusion that drafting of plaint is such as to create an illusion of cause of action, whereas suit is barred by limitation, plaint can be rejected U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Where prayer is for rejection of plaint on the ground of limitation and if from plain reading of plaint it appears that suit is barred by time then in that exceptional circumstances, plaint may be rejected U.O.7.R.11 CPC on the ground of limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit filed after expiry of period of limitation is barred by time - Plaint rejected - Application allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue as to limitation is a mixed question of law and fact, which cannot be adjudicated in an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for recovery of damages for defamation - Period of limitation u/art 75 of Limitation Act would not get extended after expiry of one year from date of publication of libel - Suit is not within limitation prescribed u/art 75 of Limitation Act - Plaintiff even if proves all..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Limitation is a mixed question of law and fact and unless the same is patently and unequivocally clear, it cannot form a ground U.O.7.R.11 CPC for non-suiting a plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where several reliefs are sought in suit, if any one of reliefs is within the period of limitation, plaint cannot be rejected as barred by law by taking recourse to O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Considering plaint pleadings it cannot be said that period of limitation is a pure question of law - It is a mixed question of law and fact which cannot be considered for rejection of plaint barred by law - It requires evidence and proof during trial - Order of rejection of plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - When there was a specific averment in plaint with respect to suit being within limitation from the date of knowledge, it was not a case for rejection of plaint U.O.7.R.11 CPC at the stage of registration...........
