Thu. Nov 26th, 2020

Ashwani Nath @ Aashu vs The State Govt. Of Nct Of Delhi on 10 May, 2018

1 min read

1. Plaintiff has filed this Suit seeking recovery of Rs.
12,20,10,969/-, besides pendente lite and future interest at the rate of
9% per annum.

IA 3304/2013 in CS(OS) 2617/2012 Page 1 of 9
2. Defendant has filed the subject Application under Order 7 Rule
11 Code of Civil Procedure (hereinafter referred to as the Code)
seeking rejection of the plaint inter-alia, contending that the suit is
barred by limitation.

3. It is a settled position of law that limitation is a mixed question
of law and fact. The statement in the plaint without addition or
subtraction must show that it is barred by any law to attract
application of Order 7 Rule 11 CPC. The principle is, therefore, well
settled that in order to examine whether the plaint is barred by any
law, as contemplated by clause (d) of Order 7 Rule 11 CPC, the
averments made in the plaint alone have to be seen and they have to
be assumed to be correct. It is not permissible to look into the pleas
raised in the written statement or to any piece of evidence1. Applying
the said principle, the plea raised by the Defendant that the Suit is
barred by limitation has to be examined by looking into the averments
made in the Plaint alone and the defence raised in the Written
Statement cannot at all be looked into.

Source: Indian Kanoon

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