The petitioner/defendant in Com.O.S.No.109/2022

on the file of the Commercial Court and II Additional

District & Sessions Judge, Mysuru (for short, ‘Trial

Court’) is before this Court questioning the order

dated 23.02.2023 rejecting IA filed under Order VII

Rule 11 (d) of CPC.

2.

Heard the learned counsel Smt.Geetha Devi

M. Papanna for petitioner-Mysuru City Corporation.

Perused the writ petition papers.

3.

The respondent/plaintiff filed suit for recovery

of Rs.41,04,84,455/- along with interest at 12% per

annum from the defendant/petitioner herein. The plaint

3

was presented on 23.05.2022. On appearance, the

petitioner/defendant

filed

its

written

statement.

Thereafter, petitioner/defendant filed application under

Order VII Rule 11(d) of CPC on 09.12.2022 praying to

reject the suit as barred by limitation and also for non-

compliance of mandatory provisions of Section 482 of

the Karnataka Municipal Corporations Act, 1976 (for

short, ‘1976 Act’). The affidavit accompanying the

application would indicate that plaintiff sent notice dated

27.03.2015 to the defendant claiming compensation and

the plaintiff ought to have sought for adjudication of the

same within three years i.e., on