Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908: Or. 7 Code of Civil Procedure r.11 ( d) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908:Or. 7, r.11(d) - Application for rejection of plaint - Maintainability of - Suit for declaration of title and, in the alternative, for recovery of possession-Filed in 2001 - Cause of action said to have arisen in 1994 - Application for rejection of plaint on ground of limitation - Rejected by trial court, but allowed by High Court holding that as per Article 58 of Schedule to Limitation Act, suit was barred by limitation - HELD: Question as to whether suit is barred by limitation or not would depend on facts of each case and for this purpose averments in plaint only are relevant - If suit has been filed for possession as a consequence of declaration of plaintiff's title, Article 58 of Limitation Act will have no application - On facts, defendant, on plea of identification of suit land vis-a-vis the sale deed under which plaintiff had claimed his title, claimed possession and did not accept that plaintiff was in possession - An issue in this behalf is required to be framed and decided - Limitation would not commence unless there has been a clear and unequivocal threat to right claimed by plaintiff - In such a situation, application under Or. 7, r.11(d) was not maintainable - Limitation Act, 1963 - Schedule - Article 58.The appellant filed a suit in the year 2001 for declaration of title to the suit property, for permanent injunction and, in the alternative, for recovery of possession of the suit property. The cause of action for the suit was said to have arisen in 1994. The defendant filed an application under Order 7 Rule 11(d) of the Code of Civil Procedure, 1908 for rejection of the plaint on the ground that the suit was barred by limitation. The trial court rejected the application, but the High Court in revision held the suit as barred by limitation and rejected the plaint observing that as per Article 58 of the Schedule to the Limitation Act, 1963, the period of limitation had expired in 1997. Aggrieved, the plaintiff filed the instant appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1044 |
Petitioner | C.natrajan |
Respondent | Ashim Bai And Anr. |
SCR | [2007] 11 S.C.R. 33 |
Judgement Date | 2007-10-11 |
Case Number | 4803 |
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