ORDER VII RULE 11 CPC | REJECTION OF PLAINT TO BE DECIDED SOLELY ON PLAINT AVERMENTS: SUPREME COURT

ORDER VII RULE 11 CPC | REJECTION OF PLAINT TO BE DECIDED SOLELY ON PLAINT AVERMENTS: SUPREME COURT

In Karam Singh v. Amarjit Singh & Ors. (2025), the Supreme Court held that a plaint cannot be rejected under Order 7 Rule 11(d) CPC merely because the dispute dates back several decades if even one relief sought is within limitation. The plaintiffs challenged a 1976 will and sought possession based on title after mutation proceedings concluded in 2017. The High Court had rejected the plaint as time-barred, citing delay since 1983. Justices J.B. Pardiwala and Manoj Misra ruled that limitation is a mixed question of law and fact and must be determined based solely on plaint averments. The Court clarified that mutation entries do not confer ownership and that for possession based on title, the limitation is 12 years from when possession becomes adverse under Article 65 of the Limitation Act. The appeal was allowed, and the trial court was directed to proceed with the suit on merits without being influenced by technical grounds.