Q51
Suit was filed on 20th November 2012 and it has been specifically pleaded that cause of action arose on 06th October 2012. Defendant appeared and without filing written statement he filed an application under Order 7 Rule 11 Code of Civil Procedure on the ground that suit is barred by Limitation. State what is the correct legal position?
A.
Application under Order 7 Rule 11 Code of Civil Procedure is not maintainable because written statement should be filed firstly
B.
Plaint shall be rejected because suit is barred by Law of Limitation
C.
Dismissed of application will be proper. Objection could not be decided without recording evidence of parties
AnswerD.
Application should be allowed because plaint does not disclose correct cause of action
Answer: Option C
Solution
Answer: Option C
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