https://www.taxtmi.com/caselaws?id=197955 A plaint cannot be rejected under Order 7 Rule 11(d) CPC on limitation alone unless the bar is apparent from the plaint itself. Limitation is ordinarily a mixed question of law and fact, so the court must consider the pleadings, frame a limitation issue where necessary, and take evidence before deciding whether the suit is time-barred. Where such factual enquiry is required, rejection of the plaint at the threshold is not justified. On the facts stated, the plaint could not be rejected merely on the plea of limitation. en-us Tue, 08 Nov 2005 00:00:00 +0530 Sat, 06 Apr 2024 11:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197955 A plaint cannot be rejected under Order 7 Rule 11(d) CPC on limitation alone unless the bar is apparent from the plaint itself. Limitation is ordinarily a mixed question of law and fact, so the court must consider the pleadings, frame a limitation issue where necessary, and take evidence before deciding whether the suit is time-barred. Where such factual enquiry is required, rejection of the plaint at the threshold is not justified. On the facts stated, the plaint could not be rejected merely on the plea of limitation. Case-Laws Indian Laws Tue, 08 Nov 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197955