CASE BRIEF

CASE NAME AND CASE LAW:

Raghwendra Saharan Singh Vs. Ram Prasanna Singh; (Order VII
Rule 11 Clause (d) of Civil Procedure Court, 1908)
FACTS:
In this case, the plaintiff by clear means, i.e., by drafting had tried
to bring the suit within the period of limitation which, otherwise,
was barred by the law of limitation.
ISSUE:
Whether a plaint can be rejected if suit is clearly barred by
limitation under order VII Rule 11 Clause (d) Code of Civil
Procedure,1908?
JUDGEMENT:
The Hon’ble Supreme Court on 13th March,2019, by a two judge
bench of J. Nageshwara Rao and pronounced by J. M. R. SHAH,
who held that “ if the suit is clearly barred by law of limitation, the
plaint is required to be rejected in the exercise of powers under
Order VII Rule(d) of the CPC. The Court also held that plaintiff
cannot be allowed to circumvent those provisions by means of
clever drafting so as to avoid mention of those circumstances, by
which the suit was barred by law of limitation. Therefore, the suit
was not only barred by law of Limitation , but it was also vexatious
and meritless and the same was required to be rejected.