T.JAYAMMA Vs. R.PRASANALAKSHMI

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order, dtd. 20/6/2025, of the learned Principal District Judge, Kurnool, dismissing the application in I.A.No.1639 of 2024 in O.S.No.47 of 2021 filed by the defendant No.1 under Order VII, Rule 11(d) C.P.C. to reject the plaint with exemplary costs on the ground of bar of limitation.

(2.) The case of the defendant No.1 in support of the request made in the application for rejection of the plaint, in brief, is as follows:-

(3.) The respondents / plaintiffs filed counter denying the petition averments and stating that the present petition filed after more than five (5) years is not maintainable. The aspect of limitation is mixed question of fact and law and in the circumstances, the plaint in which pleadings have been concluded cannot be rejected. For deciding an application for rejection of plaint, only averments in the plaint are to be looked into. The suit was filed immediately after knowing that the defendants are not willing to proceed with the agreement. The present petition filed after almost six years is aimed at further delaying the proceedings. The suit is within limitation. The plaintiffs paid a sum of Rs.75.00 lakhs which is not a small amount. There are no merits in the petition. The petition is liable to be dismissed.