N.ASHA DEVI Vs. R.ARAVIND KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, defendant in the suit for division and allotment of 44% share in both the land and the built-up area of the suit schedule property, is aggrieved with the rejection of the application filed under Order VII Rule 11. The Trial Court rejected and the High Court confirmed it. The rejection of suit was sought for on the question of limitation and the plaintiff 's contention was that limitation is a mixed question of facts and law and it needs to be tested in a trial after leading evidence.

(3.) We heard Sri A. K. Ganguli, learned Senior Counsel for the appellant and Sri M. S. Ganesh, learned Senior Counsel for the respondents.