ESTATE OFFICER Vs. SATWANT KAUR

JUDGEMENT

(1.) THIS petition is directed against an order rejecting petitioner's application under Order 7 Rule 11 for rejection of the plaint as the suit was barred by law. Mr. Parbhakar draws attention to the facts pleaded in para. 11 of the plaint with respect to the cause of action. They read as follows: -

(2.) THE suit was filed on 15.06.2005. "A day before yesterday" would take the cause of action to 13.06.2005. In what manner and mode did GMADA refuse to admit the claim of the plaintiff on 13.06.2005 is not explained by pleading material particulars and facts is not known. GMADA being a public authority could only deny a claim in writing which might give rise to a cause of action.

(3.) GMADA is a public authority and can speak formally through express orders refusing or allowing claims. Lawyers advising litigants often rather casually introduce an imaginary date in the formal paragraph regarding cause of action and usually plead that 'yesterday' their rights were put under clouds and denied by the defendant and therefore the suit. Such casual and wanton pleas have become the order of the day in plaints and it is time for Courts to be tough before acting mechanically on such pleadings. This is especially so when the bar of limitation stares one in the face.