LAWS(PAT)-2012-1-49

I T C LIMITED Vs. SHAKUNTALA DEVI

Decided On January 04, 2012
I.T.C.LIMITED Appellant
V/S
SHAKUNTALA DEVI Respondents

JUDGEMENT

(1.) The ambit of the jurisdiction of the Court to reject a plaint under Order 7 Rule 11 (d) of the Code of Civil Procedure on the ground of bar of the suit by limitation and the validity of the impugned order passed by the court below deferring the adjudication in this regard to the time of hearing of the suit are the primal questions involved in this revision application.

(2.) Heard the parties at length.

(3.) This revision application has been filed against the order dated 06.12.2004 passed by Sub Judge II, Munger in T.S.No. 20/93 rejecting the petition dated 06.09.1994 filed by the defendant 1 st Set praying for rejection of the plaint under Order 7 Rule 11 C.P.C.