Clause (d) of Rule 11 of Order 7 CPC relates to the applicability of the Law of Limitation when it talks about the suit being barred under any Law.

VINOD KUMAR GUPTA, MALAY KUMAR BASU

( 1 ) THIS appeal under Clause 15 of the Letters Patent is directed against a judgment dated 27th January 2000 passed by the learned single Judge of this Court in Civil Suit No. 376 of 1999.

( 2 ) BY the aforesaid judgment the learned single Judge has refused the prayer of the appellant/defendant for rejection of the plaint in terms of Order VII Rule 11 of the Code of Civil Procedure. The contention of the appellant that the plaint be rejected because the suit is barred by limitation has been negatived by the learned single Judge in the judgment under appeal by holding that the limitation as an issue is not relevant for rejecting a plaint under Order VII Rule 11 of the Code of Civil Procedure. The following observation forming the basis of refusal to reject the plaint on the aforesaid ground is apposite; we quote as under :-"with regard to the point raised by Mr. Chatterjee that the suit is barred by law under Order 7 Rule 11 of the Code of Civil Procedure, in my view, the phrase "suit is barred" means barred by the Statutes. The prescribed period stipulated in the Limitation Act, in my view, is not bar to filing suit. Remedy may be barred. Therefore, whether the relief or remedy claimed or claimed in the suit is barred or not can be decided at the time of the trial of the suit as a preliminary issue. "

( 3 ) THE brief facts regarding the filing of the appeal may be stated as herein below.

( 4 ) THE respondent Popal and Kotech Property, a Firm registered under the Indian Partnership Act, 1932 and the appellant State Bank of India Staff Association entered into an agreement on 19th January, 1983 whereby the respondent agreed to build and develop the property owned by the appellant. A detailed agreement was, accordingly, executed on 19th January 1983 between the parties which, inter alia, provided for regulating the relationship between the Owner and the Builder/promoter. Para 13 of the Agreement, which is at the core of the subject matter of the present appeal, stipulated that after the construction of the entire building is completed and two Chartered Engineers issue the Final Completion Certificate, the respondent shall by a notice to the appellant call upon the appellant to execute and register a lease in favour of the respondent or its nominee whereby a lease of the second floor, third floor, fourth floor, fifth floor and the roof (collectively described as the demised premises) was to be granted. This clause contained detailed stipulations regarding the grant of the said lease. We reproduce Clause 13 of the aforesaid Agreement which reads thus:-"clause 13 : That after completion of the construction of the entire building in accordance with the final sanctioned/renewed plan in respect thereof and after obtaining the final completion certificates from the said two Chartered Engineers relating to the construction of the building the Builders shall by a notice to the Association call upon the Association (as Lesser) to execute and register a Deed of Lease in favour of the Builders or their nominee or nominees (as Lessee) granting a lease of the said Second floor, third floor, Fourth floor, fifth floor and the roof thereon (hereinafter collectively referred to as 'the demised premises' of the building at the costs of and incidental charges to the execution and registration of the said Deed of Lease to be provided by the Lessee for a term of 51 years from the date of execution of such Deed of Lease taking into account the position and circumstances existing concerning the demises premises, at the time of execution of the said deed of Lease and upon into inter alia the terms, conditions and covenants hereinafter mentioned in Clause 16 hereof, such Lease and the terms referred to in clause (if hereof forming inter alia the basic consideration of the arrangement between the Association and Builders touching and concerning the construction of the said building on the said land of the Association

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