Order 7 rule 6

rahul (Querist) 13 January 2016 This query is : Resolved
Sir,

Plaintiff has withdrawn earlier suit with liberty to file fresh suit on the same cause of action.

While filling fresh suit, Plaintiff has not claimed the benefit of section 14 of limitation act in plaint but has mentioned that this is a fresh suit. But after filling the suit registrar had taken the objection of limitation for fresh suit & had asked to satisfy to the court on point of limitation & accordingly plaintiff filed application under section 14 of limitation act & claimed benefit of section 14 & court allowed & saying that prima facie suit is in time ordered to registrar to register the suit. Thereafter court gave number.

Now defendant has objection of limitation & requested to court to frame preliminary issue on point of limitation.

is it necessary for the plaintiff to amend the plaint to specifically state grounds of section 14 ?

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