[1.0] Present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") has been preferred by the petitioner herein - original defendant No.3 to quash and set aside the impugned order passed by the learned trial Court below Exh.24 in Special Civil Suit No.14 of 2005 by which the learned trial Court has dismissed the said application preferred by the petitioner which was submitted to reject the plaint under Order VII Rule 11D of the CPC on the ground that suit is clearly barred by law of limitation.
[2.0] Having heard Shri Lalakiya, learned advocate appearing on behalf of the petitioner - original defendant No.3 and considering the impugned order, it appears to the Court that in the facts and circumstances of the case, the question with respect to limitation is required to be considered in detail on appreciation of evidence and therefore, as such the learned trial Court has not committed any error and/or illegality in dismissing the said application and refusing to reject the plaint under Order VII Rule 11D of the CPC. Under the circumstances, present Civil Revision Application deserves to be dismissed and is, accordingly, dismissed.
[2.1] However, it is observed that the question with respect to the limitation is required to be considered by the learned trial Court on framing appropriate issues and on appreciation of evidence and on the basis of the evidence led and therefore, any observation made by the learned trial Court while deciding Order VII Rule 11D of the CPC i.e. while deciding the application Exh.24 shall be treated as tentative and prima-facie while considering Order VII Rule 11D of the CPC only and the issue with respect to limitation shall be decided by the learned trial Court in accordance with law and on merits and on the basis of the evidence led.
(M.R.
Shah, J.) menon Top