S V SUBBAIAH Vs. J MUNI SWAMY

JUDGEMENT

(1.) This Revision Petition is directed against the order passed by the Subordinate Judge, Proddatur in SR. No. 4809/95 dated 7-11-1995, rejecting the plaint of the plaintiff/ petitioner as barred by limitation.

(2.) An office objection was taken that the suit was prima facie barred by the law of limitation. The matter was, therefore, posted before the Court for removal of the office objection so that the plaint could be registered and regularly numbered. The learned Judge of the lower Court rejected the plaint by recording a finding that the suit was barred by limitation without even framing a preliminary issue on the question of the suit being barred by limitation. The plaint itself contained an averment to the effect that the suit was not barred by limitation and, therefore, it was not proper to decide that issue conclusively at the threshold of the inception of the suit depriving the plaintiff the opportunity of making out his case how the suit was not barred by limitation.

(3.) Order VII Rule 6 of C.P.C. provides that in a case where the suit is instituted after the expiration of the period prescribed by law of limitation, the plaint shall show the ground upon which exemption from such law is claimed provided that the Court may permit the plaintiff to claim exemption from the law of limitation on any ground not set out in the plaint if such ground is not inconsistent with the grounds set out in the plaint.