https://www.taxtmi.com/caselaws?id=110860 Limitation for a company petition for rectification of the register could not be decided as a preliminary issue where the petition pleaded fraud and later discovery of the alleged wrongdoing. A plea of limitation raised in the nature of a demurrer must ordinarily be tested on the petition's averments alone, but where the starting point depends on discovery of fraud, the issue becomes a mixed question of law and fact. In that situation, the petition cannot be rejected under Order VII Rule 11(d) or finally disposed of under Order XIV Rule 2 without evidence, unless time-bar is apparent from the petition itself. On the pleadings, Section 17 of the Limitation Act was said to apply. en-us Tue, 11 Jul 2006 00:00:00 +0530 Thu, 18 Jan 2018 16:45:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=110860 Limitation for a company petition for rectification of the register could not be decided as a preliminary issue where the petition pleaded fraud and later discovery of the alleged wrongdoing. A plea of limitation raised in the nature of a demurrer must ordinarily be tested on the petition's averments alone, but where the starting point depends on discovery of fraud, the issue becomes a mixed question of law and fact. In that situation, the petition cannot be rejected under Order VII Rule 11(d) or finally disposed of under Order XIV Rule 2 without evidence, unless time-bar is apparent from the petition itself. On the pleadings, Section 17 of the Limitation Act was said to apply. Case-Laws Companies Law Tue, 11 Jul 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=110860