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HIGH COURT OF GUJARAT
SUNITA AGARWAL, PRANAV TRIVEDI
Kamla Electricals and Engineering Co. (KEECO) – Appellant
Versus
Jigar I. Patel – Respondent
JUDGMENT :
(PRANAV TRIVEDI, J.)
1. By way of the present writ petition, the petitioner seeks to invoke the extra-ordinary jurisdiction of this Court under Article 227 of the Constitution of India read with Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’) and further seeks to challenge the order dated 29.6.2024 passed by the Presiding Officer, Commercial Court and Principal Senior Civil Judge, Vadodara (hereinafter referred to as ‘the Commercial Court’) below Exh-59 in Commercial Civil Suit No. 5 of 2020, whereby the application of the present petitioner under Order VII Rule 11 of the Code came to be rejected.
2. The brief facts giving rise to the filing of the present writ petition is that the present petitioner is the original defendant No.1 in Commercial Civil Suit No. 5 of 2020 filed before the learned Commercial Court. The Commercial Civil Suit was instituted by the plaintiff- respondent No.1 (hereinafter referred to as ‘the respondent’) praying for a decree of recovery to the tune of Rs.1,69,41,044.49 jointly and severally against the present petitioner and other defendants of the Suit. Further prayer was also made for the interest on
Limitation is a mixed question of fact and law, requiring evidence for determination; dismissal under Order VII Rule 11 CPC cannot occur without proper pleadings.
The issue of limitation in civil suits is a mixed question of law and fact requiring trial for resolution.
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.
(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....
Point of Law : Jurisdiction of the court to take action under Order 7, Rule 11(d) of the CPC can arise only in case where the pleadings in the plaint are sufficient to disclose the bar to the suit, a....
Rejection of plaint – Whether suit is barred by any law must be determined from statements in plaint and it is not open to decide the issue on the basis of any other material including written statem....
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.
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....
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