Preliminary issue

simran singh (Querist) 25 July 2013 This query is : Resolved
hey i just wanted to know whether an application filed under section 9-a of cpc for bar of limitation is maintenable as a preliminary issue?

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prabhakar singh (Expert) 25 July 2013
Limitation goes to the very root of a cause and it's bar makes plaintiff non suited hence it can certainly be pressed as preliminary issue.
It is duty of every plaintiff to satisfy court at the very date of it's institution that his suit is within limitation.

Plaints apparently looking barred by limitation can be rejected by the court under order 7 rule 11 of C.P.C.

adv. rajeev ( rajoo ) (Expert) 25 July 2013
It can be heard as preliminary issue.

Advocate Bhartesh goyal (Expert) 25 July 2013
Though you can raise objection in this regard and get order to be heard as preliminary issue but right and proper step is to move an application u/order 7 rule 11 of CPC as case is barred by limitation.