CPC order 7 Rule 11(d)
Issue of limitation is a mixed question of fact and law.
Urvashiben & Anr.
Krishnakant Manuprasad Trivedi
Para 4: In the aforesaid suit, the appellant – defendants have filed an application under Order VII Rule 11(d) of the Code of Civil Procedure (CPC) to reject the plaint of the ground that suit is barred by limitation. The said application was contested by the respondent herein. However, the trial court, by order dated 27.12.2017, allowed the application and ordered to reject the plaint.
Para 5: As against the same, respondent – plaintiff preferred Regular First Appeal No. 160 of 2018 before the High Court of Gujarat at Ahmedabad. By the judgment and decree dated 10.07.2018, the High Court has allowed the appeal filed by the respondent by setting aside the order of the trial court dated 27.12.2017. As against the same, these civil appeals are filed.
Para 11: It is fairly well settled that, so far as the issue of limitation is concerned, it is a mixed question of fact and law. It is true that limitation can be the ground for rejection of plaint in the exercise of powers under Order VII Rule 11(d) of the CPC. Equally, it is well settled that for the purpose of deciding application filed under Order VII Rule 11 only averments stated in the plaint alone can be looked into, merits and demerits of the matter, and the allegations by the parties cannot be gone into. Article 54 of the Limitation Act, 1963 prescribes the limitation of three years, for suits for specific performance. The said Article reads as under:
Suit for Specific Performance – 3 years – The date fixed for the performance, or, into such date is fixed when the plaintiff has noticed that performance id refused.
False claims and false defenses
In Maria Margarida (supra) Para 84: False claims and defenses are really serious problems with real estate litigation, predominantly because of the ever-escalating prices of real estate. Litigation pertaining to valuable real estate properties is dragged on by unscrupulous litigants in the hope that the other party will tire out and ultimately would settle with them by paying a huge amount. This happens because of the enormous delay in adjudication of cases in our courts. If the pragmatic approach is adopted, then this problem can be minimized to a large extent.
Para 51: In the administration of justice, judges and lawyers play equal roles. Like judges, lawyers also must ensure that truth triumphs in the administration of justice.