Rejection of Plaint -- Objection Raised in Application -- Mixed Question of Fact and Law
Civil Procedure Code, 1908, O.7 R.11(d) -- Rejection of Plaint -- Objection Raised in Application -- Mixed Question of Fact and Law -- An objection raised in an application under O.7 R.11 that the suit is barred by law can be a mixed question of fact and law. Deciding it requires a detailed examination of evidence, which is outside the scope of such an application. The plaint cannot be rejected at the threshold under O.7 R.11(d).
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