Law: Limitation Act, 1908

Section: 113

Law: Code of Criminal Procedure (CrPC), 1898

Section: VII Rule 11

Case Summary:Limitation Dispute

Brief Summary:
The petitioners challenged a judgment dated 06.06.2011 by the learned Additional District Judge who had accepted the respondents/plaintiffs’ appeal and remanded the case for trial. The original civil suit was for declaration and specific performance of a sale agreement dated 04.07.1984. The trial court had earlier rejected the plaint under Order VII Rule 11 CPC citing it as time-barred and without cause of action. However, the appellate court held that:

The plaint disclosed a valid cause of action.

The issue of limitation was a mixed question of law and fact, to be decided after recording evidence.