Case Note & Summary
The appellant/plaintiff filed a suit for declaration of title and possession against the respondents/defendants in O.S.No.7993/2000 before the XVI Additional City Civil and Sessions Judge, Bengaluru. The plaintiff claimed that the suit property belonged to her and that she was in possession. The defendants filed I.A.No.7 under Order VII Rule 11(d) CPC seeking rejection of the plaint on the ground that the suit was barred by limitation. The trial court allowed the application and rejected the plaint by order dated 20.09.2021, holding that the suit was filed beyond the period of limitation. Aggrieved, the plaintiff filed the present appeal under Section 96 read with Order 41 Rule 1 CPC. The High Court examined the plaint allegations and found that the plaintiff had asserted possession within 12 years of filing the suit, which would bring the suit within the period of limitation under Article 65 of the Limitation Act, 1963. The court held that the question of limitation is a mixed question of law and fact and cannot be decided at the stage of rejection of plaint without trial. The court also noted that the trial court had not properly considered the plaint averments. Accordingly, the High Court allowed the appeal, set aside the trial court's order, and directed the trial court to proceed with the suit in accordance with law.
Headnote
A) Civil Procedure - Rejection of Plaint - Order VII Rule 11(d) CPC - Limitation - Suit for declaration of title and possession - The trial court rejected the plaint holding the suit barred by limitation, but the High Court found that the plaintiff's possession within 12 years of filing the suit made it within limitation under Article 65 of the Limitation Act, 1963 - Held that the plaint cannot be rejected at the threshold when the question of limitation is a mixed question of law and fact (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 that the suit was barred by limitation?
Final Decision
The High Court allowed the appeal, set aside the order dated 20.09.2021 passed by the XVI Additional City Civil and Sessions Judge, Bengaluru in O.S.No.7993/2000, and directed the trial court to proceed with the suit in accordance with law.
Law Points
- Order VII Rule 11(d) CPC
- Limitation Act 1963 Article 65
- Suit for declaration of title and possession
- Maintainability of suit
- Preliminary issue
