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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
HEMANT CHANDANGOUDAR
Nam Estates Private Limited, Represented By Its Authorized Signatory Director B.S. Narayanan – Appellant
Versus
Kulabandhu Ram Adarsh Sharma, S/o. Late Ram Adarsh Aminchand Sharma – Respondent
ORDER :
HEMANT CHANDANGOUDAR, J.
The petitioners, who are defendant Nos. 1 and 2 in O.S.No.101/2019, are challenging the order passed by the Trial Court wherein the application filed by them under Order VII Rule 11(d) of the Code of Civil Procedure (CPC), 1908 was rejected.
2. The respondent-plaintiff instituted a suit, O.S.No.101/2019, seeking a declaration that he is the absolute owner of the suit schedule property as per the registered sale deed dated 16.01.2006. The plaintiff also sought a permanent injunction to restrain the defendants from interfering with his peaceful possession and enjoyment of the suit property.
3. Upon receiving notice, the defendants appeared and filed an application under Order VII Rule 11(d) of CPC, contending that the suit was barred by limitation.
4. The plaintiff opposed the application by filing objections, contending that the suit was not barred by limitation. Upon hearing the arguments advanced by the learned counsel for the parties, the Trial Court rejected the defendants' application under Order VII Rule 11(d), aggrieved by which the defendants filed this revision petition.
5. Sri K.G. Raghavan, learned senior counsel appearing for the petitioners, a
A suit can be rejected if it is barred by limitation, and the limitation period begins when the right to sue first accrues, emphasizing the need for timely legal action.
(1) Rejection of plaint – When a document referred to in plaint, forms basis of plaint, it should be treated as a part of plaint – Court cannot look into written statement or documents filed by defen....
The main legal point established in the judgment is that the right to sue first accrues when the fact first comes to the knowledge of the plaintiff, and if a suit is filed beyond the limitation perio....
The court established that the issue of limitation is a mixed question of law and fact, necessitating a full trial to resolve, rather than dismissal at the application stage.
A plaint can be rejected under Order VII Rule 11 for non-disclosure of cause of action and being barred by limitation if claims are based on prior known events.
(1) Rejection of plaint – Rejection of earlier suit under Order VII Rule 11 of CPC does not bar fresh suit on same cause of action provided right of action is not barred by law of limitation.(2) Reje....
The court ruled that a plaint cannot be rejected summarily under Order VII Rule 11 CPC without determining if it discloses a cause of action, especially when limitation is a mixed question of law and....
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