- (1.) This appeal under Clause 15 of the Letters Patent is directed against a judgment dated 27th January 2000 passed by the learned single Judge of this Court in Civil Suit No. 376 of 1999.
(2.) By the aforesaid judgment the learned single Judge has refused the prayer of the appellant/defendant for rejection of the plaint in terms of Order VII Rule 11 of the Code of Civil Procedure. The contention of the appellant that the plaint be rejected because the suit is barred by limitation has been negatived by the learned single Judge in the judgment under appeal by holding that the limitation as an issue is not relevant for rejecting a plaint under Order VII Rule 11 of the Code of Civil Procedure. The following observation forming the basis of refusal to reject the plaint on the aforesaid ground is apposite; we quote as under :- "With regard to the point raised by Mr. Chatterjee that the suit is barred by law under Order 7 Rule 11 of the Code of Civil Procedure, in my view, the phrase "suit is barred" means barred by the Statutes. The prescribed period stipulated in the Limitation Act, in my view, is not bar to filing suit. Remedy may be barred. Therefore, whether the relief or remedy claimed or claimed in the suit is barred or not can be decided at the time of the trial of the suit as a preliminary issue."
(3.) The brief facts regarding the filing of the appeal may be stated as herein below.;