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Head Note

The Code of Civil Procedure, 1908  - Order VII Rule (11)

Both the suits were filed within three years of the date of knowledge, as claimed by the plaintiffs, of the fact that the property had not been transferred in the name of plaintiff No.2 by the defendants Nos. 1 and 2 - If that be so, the averments in the plaint would not disclose that either of the suits is barred by limitation so as to justify rejection of the plaint under Order VII rule 11 of the CPC - The order of the High Court rejecting the plaint has to be reversed -Appeal allowed and t the learned trial Court directed to hear and decide both the suits on merits at an early date.

The Code of Civil Procedure, 1908  - Order VII Rule (11)

Rejection of plaint - It is the averments in the plaint that has to be read as a whole to find out whether it discloses a cause of action or whether the suit is barred under any law - At the stage of exercise of power under Order VII rule 11, the stand of the defendants in the written statement or in the application for rejection of the plaint is wholly immaterial - In all other situations, the claims will have to be adjudicated in the course of the trial.

Topic(s)-Rejection of Plaint