https://www.taxtmi.com/caselaws?id=357688 A plaint may be rejected under Order 7 Rule 11(d) CPC where the plaint and accompanying documents themselves show that the suit is barred by limitation under Article 58 of the Limitation Act. The operative test is when the right to sue first accrues, which in this context is when a clear and unequivocal threat to the asserted right first arises. By contrast, objections based on Section 34 of the Specific Relief Act and Section 4 of the Benami Transactions (Prohibition) Act did not justify threshold rejection because the pleaded issues of possession and fiduciary relationship required evidence. On the pleaded facts, the earlier assertion of absolute ownership and exclusive possession triggered limitation. en-us Thu, 22 Mar 2018 00:00:00 +0530 Wed, 25 Dec 2019 18:44:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=357688 A plaint may be rejected under Order 7 Rule 11(d) CPC where the plaint and accompanying documents themselves show that the suit is barred by limitation under Article 58 of the Limitation Act. The operative test is when the right to sue first accrues, which in this context is when a clear and unequivocal threat to the asserted right first arises. By contrast, objections based on Section 34 of the Specific Relief Act and Section 4 of the Benami Transactions (Prohibition) Act did not justify threshold rejection because the pleaded issues of possession and fiduciary relationship required evidence. On the pleaded facts, the earlier assertion of absolute ownership and exclusive possession triggered limitation. Case-Laws Benami Property Thu, 22 Mar 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=357688