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J. B. PARDIWALA, R. MAHADEVAN
P. Kumarakurubaran – Appellant
Versus
P. Narayanan – Respondent
JUDGMENT :
R. MAHADEVAN, J.
Leave granted.
2. This Civil Appeal arises out of the final judgment and order dated 03.09.2020 passed by the High Court of Judicature at Madras1[For short, “the High Court”] in CRP(NPD) No. 131 of 2018, whereby the High Court allowed the Civil Revision Petition filed by Respondent No.1 and rejected the plaint filed by the appellant under Order VII Rule 11 of the Code of Civil Procedure, 19082[For short, “CPC”] on the ground that the suit was barred by limitation.
3. Originally, the appellant/plaintiff instituted a suit bearing O.S. No. 310 of 2014 before the Principal District Court, Chengalpet, against the respondents/defendants and the Government authorities for the following reliefs:
(i) Declaring that the appellant is the legal owner of the suit schedule property,
(ii) Issuing a permanent injunction against Defendant Nos. 1 to 3 restraining them from causing any interruption on the peaceful possession and enjoyment of the suit schedule property by the appellant,
(iii) Declaring the sale deed bearing No. 303/1993 dated 10.10.1988 registered in Pudukottai Sub Registration Office, Tuticorin District, in favour of Defendant No. 1 with respect to the suit sched
The rejection of a plaint under Order VII Rule 11 CPC on grounds of limitation requires a full trial when the issue involves mixed questions of law and fact.
(1) Rejection of plaint – When a document referred to in plaint, forms basis of plaint, it should be treated as a part of plaint – Court cannot look into written statement or documents filed by defen....
A plaint can be rejected under Order VII Rule 11 if it is barred by limitation or fails to disclose a cause of action, emphasizing the necessity for clear and truthful averments.
The court held that the issue of limitation is a mixed question of law and fact, necessitating a full trial for resolution.
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....
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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