AIR 2020 SC (Civil) 1974

Supreme Court Of India

(From : 2017 (1) ADR 798)

Hon'ble Judge(s): A. M. Khanwilkar, Indira Banerjee, Dinesh Maheshwari , JJJ

(A) Civil P.C. (5 of 1908) , O.7 R.11(d)— Limitation Act (36 of 1963) , Art.113— Rejection of plaint - On ground that it was barred by limitation - Suit for rendition of true and correct accounts - Plaintiff became aware about discrepancies in July, 2000 has sent legal notice on 28.11.2003 and again on 7.1.2005, but no reply was received from bank - From averments in Plaint right to sue accrued to plaintiff on receipt of letter from Senior Manager, dated 19-9-2002 - Plaint filed in February, 2005 would be well within limitation of three years - Plaint not liable to be rejected. 2017 (1) ADR 798, Reversed. (Para 14 20 21) (B) Civil P.C. (5 of 1908) , O.7 R.11(d)— Limitation Act (36 of 1963) , Art.113— Rejection of plaint - Cause of action for filing suit would consist of bundle of facts - Factum of suit being barred by limitation would be a mixed question of fact and law - Invoking of O.7 R.11 of CPC ruled out - Rejection of plaint, improper. (Para 13) .....