limitation point..???

Querist : Anonymous (Querist) 10 December 2010 This query is : Resolved
I have appeared on behalf of one defendant in a suit for specific performance and possession. I want to convey to the honorable court that the suit is barred by limitation.. under which provision of civil procedure code can i take such objection?? Is it ok if i file application under O VII Rule 11 of the CPC.?? (I'm yet to file written statement in the suit)...what is the limitation for filing of suit for specific performance and possession???

Follow Query

Report Abuse

DEFENSE ADVOCATE.-firmaction@g (Expert) 10 December 2010
You have to file WS and take plea of limitation and thereafter ask for settlement of preliminary issue for dismissal of suit since barred by limitation.

Arvind Singh Chauhan (Expert) 10 December 2010
I do agree.

Uma parameswaran (Expert) 10 December 2010
Through W.S you can convey the limitation period.

s.subramanian (Expert) 10 December 2010
I agree.

Advocate. Arunagiri (Expert) 10 December 2010
You can file a petition to reject the plaint, even before filing the WS.

Advocate. Arunagiri (Expert) 10 December 2010
Limitation period is 3 years.

Devajyoti Barman (Expert) 10 December 2010
Thouh you hae to take such plea in your ws , if from the bare perusal of plaint the point on limitaton becomes apparent you could file petition u/o7 r 11 cpc.

Advocate. Arunagiri (Expert) 10 December 2010
I am enclosing the schedule.

Querist : Anonymous (Querist) 10 December 2010
thanx sir....only one question..
after filin of WS and takin plea of limitation and thereafter ask for settlement of preliminary issue for dismissal of suit since barred by limitation. what is the procedure and how to ask for settlement of the preliminary issue of limitation?? do i have to file seperate application for that in the court.?? help needed..

Kirti Kar Tripathi (Expert) 10 December 2010
application under Order VII rule 11 is maintainable as suit is barred by law on the ground of limitation.

Rajeev kulshreshtha (Expert) 11 December 2010
You should file W.S. In the suit for specific performance the limitation will be decided during the trial in evidence.

Advocate Bhartesh goyal (Expert) 11 December 2010
Mention specificaly in W.S that suit has been filed beyond period of limitation.if by perusal of plaint it appears that suit is time barred than move an application for r ejection of plaint u/o 7 r 11 of c.p.c else prove the issue of limitation by evidence.Limitation for filing the case is 3 years.

Guest (Expert) 01 October 2012
Order 14, Rule 2 -- Issues - Limitation - Issue as to bar of limitation can be treated as preliminary issue only in cases where it can be disposed of as an issue of law and not otherwise. However, When evidence is required to decide the issue the same cannot be treated as a preliminary issue.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries