1. CPC – Order VII Rule 11(d) – Rejection of plaint – Scope of consideration – Only plaint averments and documents filed along with plaint can be examined – Defence or written statement cannot be looked into.
While deciding an application under Order VII Rule 11 CPC, the Court is required to confine its examination strictly to the averments contained in the plaint and the documents relied upon therein. The defence of the defendant, written statement, or materials produced by the defendant cannot be considered at that stage. (Paras 19, 20, 32, 46(i)–(ii))
2. Limitation – Article 58 of Limitation Act – Suit for declaration – Limitation begins when right to sue first accrues – Successive causes of action do not extend limitation.
Article 58 prescribes a limitation period of three years for a suit seeking declaration and the limitation begins when the right to sue “first accrues”. Even if subsequent causes of action arise, the limitation period must be reckoned from the first accrual of cause of action. (Paras 22, 23, 27)
3. Order VII Rule 11(d) CPC – Rejection of plaint on limitation – Condition precedent – Suit must appear barred by limitation ex-facie from plaint averments.
A plaint can be rejected under Order VII Rule 11(d) CPC only when the statements in the plaint itself clearly show that the suit is barred by limitation. If determination of limitation requires examination of disputed facts or evidence, the plaint cannot be rejected at the threshold. (Paras 28, 31, 46(iii))
4. Limitation – Dispute regarding date of first cause of action – Question becomes mixed question of law and fact – Cannot be decided under Order VII Rule 11 CPC.
Where the plaintiff pleads a particular date as the cause of action and the defendant disputes the same by asserting an earlier date of accrual of cause of action, determination of limitation requires evidence. In such circumstances, the question of limitation becomes a mixed question of law and fact and cannot be decided while considering an application under Order VII Rule 11 CPC. (Paras 29, 31, 34, 46(vi))
5. Suit for declaration and injunction – Plea that earlier written statement denied plaintiff’s title – Whether such denial constitutes first cause of action – Requires examination of evidence.
The contention that the defendants had denied the plaintiff’s title in an earlier suit and therefore the cause of action first accrued on that date cannot be decided at the stage of Order VII Rule 11 CPC when the written statement itself is not on record and the alleged denial is disputed. Such issue requires evidence and cannot be decided summarily. (Paras 39–42, 46(vii))
6. Denial of title – Distinction between denial of exclusive ownership and denial of title – Not equivalent.
A plea that the plaintiff’s vendor’s vendor did not have “exclusive ownership” over the property does not amount to a clear or complete denial of the plaintiff’s title. Absence of exclusive ownership merely indicates that the person may not be the sole owner and does not amount to a categorical denial of title. (Paras 41–42, 46(viii))
7. Cause of action stated in plaint – Suit filed within three years from date pleaded – Rejection of plaint not permissible.
Where the plaint clearly states the date of cause of action and the suit has been filed within three years from that date, the plaint cannot be rejected under Order VII Rule 11(d) CPC unless the plaint itself shows that the suit is barred by limitation. (Paras 43–44, 46(v))
8. Declaration with consequential relief – Limitation – May be governed by limitation applicable to the consequential relief.
Where a suit seeks declaration of title along with consequential relief such as possession or injunction, the declaration may only be ancillary and limitation may be governed by the Article applicable to the consequential relief. (Paras 48–49)
Ratio Decidendi
If the plaint specifically pleads a particular date as the cause of action and the suit is filed within the limitation period calculated from that date, the plaint cannot be rejected under Order VII Rule 11(d) CPC unless the bar of limitation is apparent from the plaint itself. Where the defendant disputes the pleaded date and asserts an earlier cause of action, the question of limitation becomes a mixed question of law and fact requiring evidence and therefore cannot be decided at the stage of rejection of plaint. (Paras 29, 31, 43–46)
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