Hon’ble Supreme Court while dealing with a petition here on 13.03.2019 in the case of “Raghwendra Sharan Singh v. Ram Prasanna Singh (Dead) by LRs” stated that if the suit is clearly barred by law of limitation, the plaint is required to be rejected in exercise of powers under Order 7 Rule 11 of the CPC.

BRIEF FACTS OF THE CASE

This petition was filed against the impugned judgment and order dated 12.03.2013 passed in Civil Revision No. 1829 of 2006 by the High Court of Judicature at Patna by which the High Court has dismissed the said revision petition and has confirmed the order passed by the learned Munsif, Danapur dated 28.08.2006 passed in Title Suit No. 19 of 2003 by which the learned trial Court rejected the application submitted by the original defendant to reject the plaint in exercise of powers under Order 7 Rule 11(d) of the Code of Civil Procedure, the original defendant has preferred the present appeal.

DECISION OF THE COURT

Hon’ble Court held that if the suit is clearly barred by law of limitation, the plaint is required to be rejected in exercise of powers under Order 7 Rule 11 of the CPC.

It further stated that both the high court, as well as the learned trial court have erred in not exercising the powers under Order 7 Rule 11 of the CPC and in not rejecting the plaint in exercise of the powers under Order 7 Rule 11 of the CPC.

For the reasons stated above, the impugned judgment and order passed by the high court as well as the trail court cannot be sustained and the same deserve to be quashed and set aside.

Read the full judgement here-

https://www.sci.gov.in/supremecourt/2013/18559/18559_2013_Judgement_13-Mar-2019.pdf