Rejection of Plaint -- Limitation -- Mixed Question of Law and Fact
The question of whether a suit is barred by limitation cannot be treated as a pure question of law when the plaint pleadings raise factual disputes regarding the same. It is a mixed question of law and fact, which requires evidence and proof to be established during trial. Therefore, a plaint cannot be rejected at the threshold on the ground that it is barred by limitation. Order of rejection of plaint set aside -- CPC, 1908 -- Order 7 Rule 11.
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