In this civil revision, the High Court of Chhattisgarh dismissed the application seeking rejection of a plaint under Order VII Rule 11 CPC. The Court held that limitation objections were proper subject matter for defence and trial, rendering the revision not maintainable.
Instant civil revision dismissed as not maintainable; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
AFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Civil Revision No. 104 of 2015
Sanjay Sahu S/o Devprasad Sahu, Aged About 36 Years R/o Kotarliya Station, Tah. & Distt.- Raigarh, Chhattisgarh. ...(Defendant No.1)
---- Applicant
Versus
---- Respondents
For Applicant : Shri Amit Sharma, Advocate. For Respondent No.5/State : Shri Aditya Sharma, Panel Lawyer.
Order On Board
27/10/2015
2
subject matter of defence of Defendant No.1 as he can plead those facts in the written statement and on the basis of the pleadings of the parties issues may be framed and the same may be disposed of after recording of evidence of both the parties. It shows that the points raised in the application are still subject matter to be pleaded in the written statement and it shall be for the trial Court to frame the issues. According to the pleadings made by the parties, as per law, it is for the trial Court to dispose of those issues either as primary issues or otherwise, as the case may be.
Sd/Chandra Bhushan Bajpai Judge
Nimmi
1 issue framed by the court
Whether an application under Order VII Rule 11 CPC seeking rejection of plaint on limitation grounds is maintainable when the trial court held these pleas are subject to defence and trial.
1 provisions across 1 enactments
Sanjay Sahu
Manoj Beriwal
Vinod Beriwal
Santosh Agrawal
Kamal Agrawal
State Of Chhattisgarh
Chandra Bhushan Bajpai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
