Mr. Gunesh Gopinath Desai and Anr. v. Sociedade Agricola Dos Gaoncares De Cuncolim E Veroda Rep. by President, Moducora B. N. Dessai
Case brief
What is this about?
In a criminal revision, it was held that the Trial Court was correct in refusing to reject the plaint under Order VII Rule 11 CPC solely on limitation grounds. Limitation is a mixed fact and law issue to be tried first by the trial court.
What did the court decide?
The Civil Revision Application was disposed of with directions to the Trial Court to frame an issue on limitation and try it first.