Civil Procedure Code, 1908

— Or. 7 R. 11(d) — Rejection of plaint where suit appears from statement in the plaint to be barred by any law — Question whether words <169>barred by any law<170> in R. 11(d) would also include barred by the law of limitation — Not considered by the three-Judge Bench of Supreme Court to which it was referred, in view of statement of both the parties that decision in this case would depend upon facts of the case — Held, plaint cannot be rejected under R. 11(d) — Suit could not be dismissed as barred by limitation without proper pleadings, framing of issue of limitation and taking of evidence — Question of limitation is a mixed question of law and fact and ex facie on reading of the plaint, suit cannot be held to be barred by limitation — Parties relegated to contest the suit — It shall be open to defendant-appellant to raise any plea available to it under the law including the plea of limitation, maintainability of the suit, etc., (2006) 5 SCC 658