Clever Drafting Cannot Defeat Limitation Under Order VII Rule 11(d): SC

Shri Mukund Bhavan Trust And Ors Vs Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle And Another (Supreme Court of India) The Supreme Court considered an appeal arising from the dismissal of an application under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 (CPC), wherein the defendants sought rejection of the plaint on the ground that the suit was barred by limitation. The trial Court and the High Court had declined to reject the plaint, holding that limitation was a mixed question of law and fact requiring evidence at trial. The suit sought declarations of ownership ov...