Rejection of Plaint -- Suit Barred by Limitation on Face of Pleadings -- Plaint liable to be rejected at threshold
Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Suit Barred by Limitation on Face of Pleadings -- Must be rejected at the threshold where the bar of limitation is evident from the averments in the plaint itself, without waiting for trial. Only the averments in the plaint and documents annexed to it are germane to such an application; other materials on record cannot be considered. Where the plaint itself discloses the date on which the cause of action arose, and the suit is filed beyond the prescribed limitation period from that date, the plaint must be rejected.
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