https://www.taxtmi.com/caselaws?id=436450 A plaint should not be rejected under Order VII Rule 11 CPC where limitation turns on mixed questions of fact and law, including rival claims to title, possession and the effect of an earlier partition suit. The Court held that such issues require evidence and adjudication at trial, because rejection of plaint is an exceptional power to be used sparingly and the plaint must be read as a whole. The summary rejection was therefore unsustainable, and the suit had to proceed on merits rather than be terminated at the threshold. en-us Fri, 10 Feb 2023 00:00:00 +0530 Thu, 13 Apr 2023 08:00:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=436450 A plaint should not be rejected under Order VII Rule 11 CPC where limitation turns on mixed questions of fact and law, including rival claims to title, possession and the effect of an earlier partition suit. The Court held that such issues require evidence and adjudication at trial, because rejection of plaint is an exceptional power to be used sparingly and the plaint must be read as a whole. The summary rejection was therefore unsustainable, and the suit had to proceed on merits rather than be terminated at the threshold. Case-Laws Indian Laws Fri, 10 Feb 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=436450