VidhiSangh

Supreme Court of India · 29/04/2025

P. KUMARAKURUBARAN versus P. NARAYANAN & ORS.

[2025] 4 S.C.R. 2006 · 2025 INSC 598

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Summary

The High Court, in revision, rejected the plaintiff's plaint under Order VII Rule 11 CPC as barred by limitation, reversing the trial court which had held that limitation required trial. The Supreme Court restored the trial court's order, holding that where the plaint specifically pleads the date on which the plaintiff learnt of the impugned sale deed, limitation under Article 59 of the Limitation Act, 1963 is a mixed question of law and fact that cannot be decided at the threshold, and that the High Court ought not to have interfered under Section 115 CPC in the absence of any jurisdictional error.

Issues

  1. Whether a plaint can be rejected under Order VII Rule 11(d) CPC on the ground of limitation when the plaint pleads a specific date of knowledge of the transaction sought to be set aside.
  2. Whether the High Court, exercising revisional jurisdiction under Section 115 CPC, could interfere with the trial court's refusal to reject the plaint.

Provisions considered

Held

Result

Appeal allowed; High Court judgment dated 03.09.2020 in CRP (NPD) No. 131 of 2018 set aside; trial court order dated 04.10.2017 dismissing the Order VII Rule 11 application affirmed; suit restored for trial on merits, the trial court to proceed uninfluenced by the High Court's observations; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 2006.