Case Note & Summary
The appellant, defendant Nos.1 to 3 in the original suit, challenged the order of the First Appellate Court which had set aside the Trial Court's order rejecting the plaint under Order VII Rule 11(d) CPC. The suit was filed by the respondents (plaintiffs) for declaration of title and permanent injunction in respect of certain immovable property. The Trial Court had rejected the plaint on the ground that the suit was barred by limitation. The First Appellate Court reversed this order, holding that the question of limitation could not be decided at the stage of rejection of plaint as it involved mixed questions of fact and law. The High Court, in this miscellaneous second appeal, upheld the decision of the First Appellate Court. The court noted that the plaintiffs were in possession of the property and the cause of action was continuous. The court held that the plaint disclosed a cause of action and the suit was not barred by limitation on the face of it. The appeal was dismissed, and the matter was remitted back to the Trial Court for trial on merits.
Headnote
A) Civil Procedure - Rejection of Plaint - Order VII Rule 11(d) CPC - Limitation - The court considered whether a suit for declaration and injunction is barred by limitation when the plaintiff is in possession and the cause of action is continuous. Held that the question of limitation is a mixed question of fact and law and cannot be decided at the stage of rejection of plaint without trial. The plaint disclosed a cause of action and the suit was not barred by limitation on the face of it. (Paras 1-10) B) Civil Procedure - Appeal against rejection of plaint - Order 43 Rule 1(u) CPC - The court examined the scope of a miscellaneous second appeal against an order allowing rejection of plaint. Held that the First Appellate Court correctly set aside the Trial Court's order as the Trial Court had erred in rejecting the plaint without considering that the plaintiff was in possession and the suit was for declaration and injunction. (Paras 1-10)
Issue of Consideration
Whether the Trial Court was justified in rejecting the plaint under Order VII Rule 11(d) CPC on the ground of limitation, and whether the First Appellate Court correctly reversed that order.
Final Decision
The High Court dismissed the miscellaneous second appeal and upheld the order of the First Appellate Court setting aside the rejection of plaint. The matter was remitted back to the Trial Court for trial on merits.
Law Points
- Order VII Rule 11 CPC
- Section 151 CPC
- Limitation Act 1963
- Suit for declaration and injunction
- Rejection of plaint
- Cause of action
- Possession
