As per rule 6 of Order VII, Code of Civil Procedure, 1908, where the suit is instituted after the expiration of the period prescribed by the law of limitation, the plaint shall show the ground upon which exemption from such law is claimed. And as per section 3 of the Limitation Act 1908, every suit instituted after the period of limitation shall be dismissed, although limitation has not been set up as a defence.In general, matter of limitation is treated as mixed question of law and facts to be decided after recording of evidence, however, in cases, where there is no FACTUAL controversy to the extent of matter of limitation, this question can be decided from bare perusal of plaint and annexed documents. And if suit appears to be hopelessly time barred after relevant law is applied on the facts/assertions mentioned in the plaint, the same can be rejected under rule 11, order VII, CPC. In a case reported as 2015 CLC 708, the Hon’ble Court has rejected the plaint under rule 11, order VII, CPC being barred by time.
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