AI Overview...
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Limitation Bar to Part of the Suit - When a part of a plaint is barred by limitation, the other part may still be maintainable if it involves a different cause of action or if the limitation period for that part has not expired. Courts have held that limitation applies to specific claims within a suit rather than the entire suit as a whole, especially when causes of action are distinct. For instance, in AHAMMEDKUTTY BRAN, Versus SUKUMARAN., - Kerala and Ahammedkutty Bran, S/o. Pocker Haji VS Sukumaran - Kerala, the courts confirmed that the first part of a claim was barred by limitation, but the second part was not, allowing the latter to proceed. Similarly, in Sangam Sahasrabudhe vs P.Ravindran - Madras, the court examined whether individual claims within the suit were time-barred, emphasizing the importance of cause-specific limitation periods.
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Rejection of Plaint and Limitation - Under the Civil Procedure Code, a plaint can be rejected if it is barred by limitation, but courts have sometimes reversed such rejection on appeal if the limitation issue was not properly established or if the suit involves multiple causes of action. For example, PRABHABEN MAVJIBHAI PATEL V/s KAMLESHBHAI INDRAVADANBHAI DAVE - Gujarat shows the appellate court reversing the trial court's rejection of the plaint on grounds of limitation, indicating that a suit may not be dismissed solely on this basis if other claims remain valid.
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Continuing Causes of Action - Certain claims, such as for mesne profits or ongoing liabilities, are considered continuing causes of action. As per Indian Oil Corporation Ltd. VS Sudera Realty Private Limited - Supreme Court, if the cause of action is ongoing, the suit may not be barred for parts of the claim that accrue after the limitation period, allowing for recovery of dues like mesne profits even if some earlier parts are time-barred.
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Summary - The main insight from the sources is that if one part of a plaint is barred by limitation, the other part may still be valid if it involves a different cause of action or is a continuing claim. Courts tend to analyze claims individually rather than dismissing entire suits solely on limitation grounds, especially when causes of action are separate or ongoing.
References: - AHAMMEDKUTTY BRAN, Versus SUKUMARAN., - Kerala - Vela Ramamurthy vs M.Rathnakumar - Madras - Ahammedkutty Bran, S/o. Pocker Haji VS Sukumaran - Kerala - Subhra Chakraborty VS Nripendra Kumar Saha - Calcutta - Gottumukkala Sundara Narasaraju VS Pinnamaraju Venkata Narasimharaju - Andhra Pradesh - Sangam Sahasrabudhe vs P.Ravindran - Madras - Sejal Glass Ltd. VS Navilan Merchants Pvt. Ltd. - Supreme Court - PRABHABEN MAVJIBHAI PATEL V/s KAMLESHBHAI INDRAVADANBHAI DAVE - Gujarat - AI Champdany Industries Ltd. VS Duncan International (India) Limited - Calcutta - Indian Oil Corporation Ltd. VS Sudera Realty Private Limited - Supreme Court
Search Results for "If One Part of the Plaint is Barred by Limitation can the other Part Rn"
2024 Supreme(Online)(KER) 5795 • India - High Court of Kerala
Sathish Ninan, J
The trial court dismissed the suit and the counter claim as barred by limitation. ... The trial court dismissed the suit and the counter claim as barred by limitation. ... The suit seeking a charged decree over the plaint schedule property is within the period of limitation. ... The trial court was right in having held that the first part of the claim is barred by limitation. 9. ... It was contended that the suit is barred....
2025 Supreme(Online)(Mad) 47339 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B. Balaji, J
examination of facts and cannot be dismissed summarily for being barred by limitation. ... The defendant claims the suit is barred by limitation while the plaintiff asserts it was timely filed based on when the story was ... (A) Civil Procedure Code, 1908 - Order 7 Rule 11 - Rejection of plaint - The defendant's application for rejection of plaint was ... The crux of the application for rejection of the plaint is that the suit is barred by ....
2024 0 Supreme(Ker) 148 • India - Kerala
SATHISH NINAN
Finding of the Court: First part of the claim barred by limitation, but second part ... Trial court dismissed suit and counter claim as barred by limitation. ... Issues: Whether relief claimed for money charged on immovable property is barred by limitation? ... The trial court was right in having held that the first part of the claim is barred by limitation. 9. Coming to the second par....
2001 0 Supreme(Cal) 708 • India - Calcutta
BHASKAR BHATTACHARYA
Whether the amendment of the plaint to include a claim under the Bengal Money Lenders Act was barred by limitation? 2. ... sought was clearly barred by limitation, even if the amended pleadings were accepted. 2. ... The court held that the amendment to include the claim under the Bengal Money Lenders Act was barred by limitation since the relief ... Therefore, the amended plea is not only barred by limitation but also a mala fide #H....
2015 0 Supreme(AP) 830 • India - Andhra Pradesh
M.SEETHARAMA MURTI
possession – Plaintiffs had brought suit against defendants 1 and 2 for declaration of their right, title and interest over the plaint ... for presentation to the proper Court – Thereafter, the plaint was presented in the Court of Senior Civil Judge and the suit was ... renumbered as OS.– After the death of the 1st defendant, the 2nd defendant had filed a further written statement denying the plaint ... on the premise that the suit was barred by limitation. ... Thus, there are two parts in the #HL_START....
2025 Supreme(Online)(Mad) 20490 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
, J
... ... Issues: The main issues were whether the suit was barred by limitation and whether there was a cause of action within the ... for recovery of salary filed after limitation period - Court held no cause of action arose within jurisdiction - Plaint cannot be ... ... ... (B) Limitation - The suit was filed beyond the limitation period, and the writ petition cannot extend the limitation period ... The suit having been filed in the year 2023 is clearly ....
2017 0 Supreme(SC) 1029 • India - Supreme Court
ROHINTON FALI NARIMAN, SANJAY KISHAN KAUL
The defendant was barred from filing a written statement due to inordinate delay. ... The court emphasized that the provision refers to the 'plaint' as a whole and can only be invoked when the entire plaint does not ... of the Code of Civil Procedure, 1908, which states the grounds for rejection of a plaint. ... Despite this, it was held that since the plaint as a whole should have been rejected, the baby was thrown out with the bathwater, and the entirety of the plaint and not merely ....
2024 Supreme(Online)(GUJ) 12134 • India - High Court of Gujarat
J. C. DOSHI, J
The Trial Court rejected the plaint as barred by limitation, but the Appellate Court reversed this decision. ... ... ... Ratio Decidendi: The court held that the Appellate Court correctly determined that the suit was not barred by limitation ... Court's order reversing the Trial Court's rejection of plaint on grounds of limitation - The Appellate Court found the suit was ... It is submitted that in view of provision of Limitation Act, more particul....
2023 0 Supreme(Cal) 1046 • India - Calcutta
SOUMEN SEN, RAVI KRISHAN KAPUR
Are the respondents/plaintiffs entitled to claim the amount as claimed in the plaint or any part or portion thereof? iii. Are the claims of the respondents/plaintiffs barred by the laws of limitation? iv. ... Paragraphs 4 and 5 of the amended plaint read as follows: “4. ... There was only one witness adduced on behalf of the plaintiffs. In cross-examination, the witness had admitted that Anglo India Jute Mills Co. Ltd. was part of the JP Goenka Group of Companies. ....
2022 7 Supreme 961 • India - Supreme Court
K. M. JOSEPH, PAMIDIGHANTAM SRI NARASIMHA
Act and barred as regards part of the cause of action. ... Act, then, since cause of action is a continuing one, suit may not be barred as regards any part of claim – Liability of tenant, ... from day-to-day and it is a continuing one and if suit for mesne profits would fall to be decided under Article 113 of Limitation ... If a claim for mesne profits is one, which accrues from day-to-day and it is a continuing one and if the suit ....
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