IN THE HIGH COURT OF DELHI AT NEW DELHI
MINI PUSHKARNA
Jia Lal Kishori Lal Private Limited – Appellant
Versus
Municipal Corporation Of Delhi – Respondent
JUDGMENT :
MINI PUSHKARNA, J.
I.A. 9391/2025 (Application under Order VII Rule 11 read with Section 151 of Code of Civil Procedure, 1908)
1. The present application has been filed on behalf of the defendants seeking rejection of the plaint under Order VII Rule 11 (d) of Code of Civil Procedure, 1908 (“CPC”), on the ground that the suit is not maintainable for being barred by limitation.
2. It is the case of the defendants that the 16th running bill for Rs. 4,99,82,236/- dated 04th July, 2014 raised by the plaintiff, has already been rejected by the defendants vide letter dated 09th October, 2014. Thus, all the legitimate dues of the plaintiff for the work done under the Agreement dated 20th July, 2007 for “Const. of Road under Bridge at Level X-ING in Vivek Vihar I.T.I”, has already been paid by the defendants. The cause of action, if any, arose last on 09th October, 2014, when the defendants rejected the claim of the plaintiff.
3. As per the defendants, the plaintiff failed to take any legal action for more than seven years, and in order to circumvent the limitation period, the plaintiff has artificially created a cause of action on the basis of a fictitious and self-serving bill dat


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A cause of action based on an approved bill resets limitation; rejection of plaint under Rule 11 is unwarranted where factual disputes exist.
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 must establish a clear cause of action; limitation issues involving mixed questions of fact and law cannot be decided without trial evidence.
The court emphasized that issues of fact relating to a settlement and limitation must be adjudicated at trial rather than through a dismissive application of procedural rules.
The court emphasized the importance of scrutinizing the averments in the plaint to determine whether it discloses a cause of action and whether the suit is barred by limitation.
The limitation for cancellation suits begins from the time the plaintiff becomes aware of the grounds for cancellation, not from the date of the instrument's execution.
The court ruled that issues of limitation and contractual validity arising from disputed facts cannot be decisively adjudicated at the stage of rejecting a plaint, necessitating a trial based on evid....
(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 affirmed that a plaint cannot be dismissed under Order VII Rule 11 if it discloses a cause of action and emphasized that authorized representatives can validly file affidavits supporting pl....
A suit cannot be dismissed at an early stage under Order 7 Rule 11 based solely on time limitation when material factual disputes exist.
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