Ramesh B. Desai v Bipin Vadilal Mehta (2006)

CPC & Limitation Act · Parties — Joinder, Misjoinder & Non-joinder; Frame of Suit

Facts.

A plaint was sought to be rejected under Order 7 rule 11(d) as barred by limitation, relying on facts outside the plaint.

Issue.

Can a plaint be rejected under rule 11 on a mixed question of fact and law needing evidence?

Held.

The Court held that rejection under rule 11 must be decided on the statements in the plaint alone; where the bar (such as limitation) depends on disputed facts, it is a triable issue and the plaint cannot be summarily rejected.

Why it matters.

It marks the limit of Order 7 rule 11(d) — the court cannot mini-try a suit at the rejection stage.

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