Harish Tandon, J. - (1.) The challenge is made to order dated 28th August, 2016 passed by the learned Civil Judge (Senior Division), 2nd Court, Alipore in Title Suit No. 55 of 2015 by which an application under Order 7, Rule 11 of the Code of Civil Procedure is rejected.
(2.) Before proceeding to decide the case on factual matrix, the law on the subject is required to be recapitulated.
(3.) Order 7, Rule 11 (d) of the Code of Civil Procedure permits the Court to reject the plaint provided it is barred by law. The law is somewhat settled that if the suit is expressly barred by limitation, the plaint can be rejected under Order 7, Rule 11 (d) of the Code. It is equally settled that the plea of limitation is a mixed question of fact and law. It would not be wrong to say that if the limitation is to be culled out from the meaningful reading of the plaint and the documents annexed thereto without taking aid and help of the other materials it can be brought within the ambit of barred by law . In a case where the suit cannot be dismissed on the anvil of limitation without proper appreciation of the facts, pleadings, framing of issue and the evidence to be taken thereon, it cannot be held to be barred by time.;