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Rejection of a loan-recovery plaint on limitation under Order VII Rule 11(d) is warranted only when the plaint and relied-on material disclose an ex facie statutory bar. TDS deposited in relation to a loan may constitute payment on account of debt under the Limitation Act, creating a fresh limitation period. Signed balance confirmations and continuing TDS deductions may also raise triable issues concerning acknowledgment and payment, whose legal and evidentiary effect requires proof. The Trial Court's refusal to reject the plaint was sustained, with limitation left for determination after evidence.
Rejection of a loan-recovery plaint on limitation under Order VII Rule 11(d) is warranted only when the plaint and relied-on material disclose an ex facie statutory bar. TDS deposited in relation to a loan may constitute payment on account of debt under the Limitation Act, creating a fresh limitation period. Signed balance confirmations and continuing TDS deductions may also raise triable issues concerning acknowledgment and payment, whose legal and evidentiary effect requires proof. The Trial Court's refusal to reject the plaint was sustained, with limitation left for determination after evidence.
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