https://www.taxtmi.com/caselaws?id=399622 In concealed fraud claims, limitation under Article 59 of the Limitation Act begins when the fraud is discovered, or could with reasonable diligence have been discovered, under Section 17. At the Order VII Rule 11 stage, the court considers only the plaint and accompanying documents, so the defendant's version cannot be used to reject the suit as time-barred where the pleadings disclose a triable issue. The later production of the original transfer deeds also supplied a fresh cause of action, so the earlier withdrawal of the company petition did not trigger the bars under Order XXIII Rule 1, Section 11, or Order II Rule 2 of the Code of Civil Procedure. The plaint was therefore allowed to proceed to trial. en-us Mon, 12 Oct 2020 00:00:00 +0530 Mon, 04 Jan 2021 14:49:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=399622 In concealed fraud claims, limitation under Article 59 of the Limitation Act begins when the fraud is discovered, or could with reasonable diligence have been discovered, under Section 17. At the Order VII Rule 11 stage, the court considers only the plaint and accompanying documents, so the defendant's version cannot be used to reject the suit as time-barred where the pleadings disclose a triable issue. The later production of the original transfer deeds also supplied a fresh cause of action, so the earlier withdrawal of the company petition did not trigger the bars under Order XXIII Rule 1, Section 11, or Order II Rule 2 of the Code of Civil Procedure. The plaint was therefore allowed to proceed to trial. Case-Laws Companies Law Mon, 12 Oct 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=399622