Supreme Court of India

C.natrajan v. Ashim Bai and Anr.

Neutral citation
Reported as [2007] 11 S.C.R. 33
Bench S.B. Sinha J.
Decided 11 October 2007

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the present suit could not be dismissed as barred by limitation without proper pleadings, framing of an issue of limitation and taking of evidence.

Judgment, page 9

From the headnote

Code of Civil Procedure, 1908: Or. 7, r.11 ( d)-Application for rejection of plaint-Maintainability c of-Suit for declaration of title and, in the alternative, for recovery of possession-Filed in 200 I-Cause of action said to have arisen in 1994-Application for rejection of plaint on ground of limitation- Rejected by trial court, but allowed by High Court holding that as per Article 58 of Schedule to Limitation Act, suit was barred by limitation-HELD: Question as to whether suit is barred by limitation or not would depend on facts of each case and for this purpose J averments in plaint only

Where later benches applied it

Of those, 1 relied on · 1 referred to

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