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ALKA SARIN
Om Parkash – Appellant
Versus
Municipal Corporation, Faridabad – Respondent
JUDGMENT
Alka Sarin, J. - The present revision petition under Article 227 of the Constitution of India has been preferred by the defendant-petitioners challenging the impugned order dated 20.05.2019 passed by the Civil Judge (Junior Division), Faridabad dismissing the application filed by them under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (CPC) seeking rejection of the plaint filed by the plaintiff-respondent in a suit titled Municipal Corporation, Faridabad Vs. Om Parkash and Others.
2. Brief facts relevant to the present lis, and as are discernible from reading of the plaint, are that the defendant-petitioners filed a civil suit against the plaintiff-respondent that they were owners in possession of the property in dispute on the basis of the sale deed bearing document/vasika No.12549 dated 24.02.1983 and that the plaintiff-respondent herein had tried to encroach upon the land in question. The suit filed by the defendant- petitioners was dismissed by the Trial Court, however, the appeal preferred by them was allowed vide judgment dated 17.02.2007 (Annexure P-1). The plaintiff-respondent herein (being defendant in that suit) preferred a second appeal to this Court being
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 held that the issue of limitation is a mixed question of law and fact, necessitating a full trial for resolution.
The question of limitation is a mixed question of law and fact and cannot be decided based solely on the averments in the plaint. The court emphasized that such issues require evidence and should be ....
The court held that a plaint can only be rejected under Order VII Rule 11 if it does not disclose a cause of action, and the issue of limitation is a mixed question of law and fact.
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