VidhiSangh

Supreme Court of India · 07/01/2025

INDIAN EVANGELICAL LUTHERAN CHURCH TRUST ASSOCIATION versus SRI BALA & CO.

[2025] 1 S.C.R. 542 · 2025 INSC 42

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Summary

The Supreme Court rejected under Order VII Rule 11(d) CPC the plaint in a second suit for specific performance filed in 2007 after the plaint in the first suit (filed in 1993) was rejected in January 1998 for non-payment of court fee. A fresh suit under Order VII Rule 13 is governed by the residuary Article 113 of the Limitation Act, with time running from the rejection of the earlier plaint, so it had to be filed by January 2001; reliance on an alleged letter extending time, never pleaded in the first suit, could not save it.

Issues

  1. Whether the plaint in a second suit for specific performance, filed under Order VII Rule 13 CPC after rejection of the earlier plaint for non-payment of court fee, was liable to be rejected under Order VII Rule 11(d) as barred by limitation.
  2. Which article of the Limitation Act, 1963 governs such a second suit, and from when time runs.
  3. Whether limitation, ordinarily a mixed question of fact and law, could be decided at the stage of Order VII Rule 11 on the admitted facts in the plaint.

Provisions considered

Held

Result

Appeal allowed; orders of the trial court and the High Court set aside; the application under Order VII Rule 11(d) CPC allowed and the plaint in O.S. No. 49/2007 rejected as barred by limitation under Article 113 of the Limitation Act; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 542.