Name: Md.

Hasanul Momin Shawon

Reg no. LLBW2018000689

Course Title: Law of Civil Procedure- 1

Course Code: 265

First of all if the allegation of assistant judge will be examine of the suit is barred by the limitation act
1908 then the Assistant judge will be pass the order of Rejection of the plaint because Order 7 Rule 11
of the Code of Civil Procedure, 1908 described five reasons and under this five reasons the court can
reject a plaint and the valuable reason is the barred by law of limitation.

Rejection of plaint — The plaint shall be rejected in the following cases:

(a) Where it does not disclose a cause of action – If the plaintiff does not discloses facts that give the
plaintiff right to seek relief against defendant, the facts that are necessary to prove the damage caused
to plaintiff.

(b) Where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct
the valuation within a time to be fixed by the Court, fails to do so.

(c) Where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently
stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a
time to be fixed by the Court, fails to do so – If the plaint is insufficient stamp under court fees act and
the plaintiff fails to supply the plaint with correct stamp value.

(d) Where the suit appears from the statement in the plaint to be barred by any law; Example when the
plaint filed looks like to be barred by any statue and gives no right to plaintiff to file the suit and liable to
rejected if the court accepts the plaint is barred by law.

(e) Where the plaintiff fails to comply with provisions of rule 9 – Where the plaintiff fails to comply with
the order 7 rule 9.

If the suit is barred by any Statute (Order VII Rule 11(d) :

As per Order VII Rule 11(d) of the Code, a plaint shall be rejected if the suit is barred by Limitation.

If a suit is barred by the Law of Limitation, the plaint of such a suit can be amended at the hearing. It is
the duty of the Court to see whether there is non-disclosure of the cause of action or the plaint is barred
under any law.

Wherever it can be shown by the plaintiff that the suit was filed within the time period of limitation, the
provisions of this order will not be attracted. The computation of the period of limitation is a mixed
question of law and facts.

For example – If a suit is brought against the Government without giving the requisite notice to the
same under Section 80 of the Code of Civil Procedure, the plaint for such a suit shall be rejected. Section
80 of the Code requires a notice which needs to be served to the Government or the public officer
before instituting of the suit.

In Bachchu v. Secy of State, a suit was brought against the Secretary. This suit was brought without
giving prior notice as required by Section 80 of the Code. The plaint was rejected.