P. Kumarakurubaran vs P. Narayanan 2025 INSC 598 - CPC - Rejection Of Plaint - Limitation Act - Date Of Knowledge
Code of Civil Procedure 1908- Order VII Rule 11(d) - When the question of limitation involves disputed facts or hinges on the date of knowledge, such issues cannot be decided at the stage of Order VII Rule 11 CPC- Once the date of knowledge is specifically pleaded and forms the basis of the cause of action, the issue of limitation cannot be decided summarily. (Para 12.1-12.2)
Limitation Act, 1963 - Article 59 - The emphasis under Article 59 is not on the date of the transaction per se, but on the accrual of the cause of action, which, in cases involving allegations of fraud or unauthorized execution of documents, hinges upon the date on which the plaintiff acquired knowledge of such facts. (Para 11)
When the question of limitation involves disputed facts or hinges on the date of knowledge, such issues cannot be decided at the stage of Order VII Rule 11 CPC.
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