Learned Advocates,
My civil suit which was filed in 2015 got rejected recently as the defendants raised the contention that it was barred by limitation act.....Order 7 Rule 11 (d)
However we challenged the said order in district court as we were of opinion that lower court passed the order without application of mind.
But the said appeal also got rejected on the grounds of same order 7 rule 11 d as we were late for appeal by 4 days
Now my question is we will have to file a delay condonation application for the said appeal and if such delay is condoned then do i need to pay court fees again to appeal against lower courts order ???
Can i get my earlier paid court fees back as the appeal got rejected at a very early stage???
If yes what is the procedure???
Thanks in advance
with reference to your query in my opinion that the court should not reject the application under order 7 rule 11. The court should dismiss the suit as it is barred by LAW of limitation, So reject of plaint will not arise the court should dismiss the suit. but in your case how it is barred by limitation you did not explain in your query. first tell me how the court observed that the suit is barred by limitation?. I can provide you number of supreme court judgments that plaint should not reject in some cases under barred by law.
manoj
advocate
8686159292
