Code of Civil Procedure, 1908 – Or.7, r.11(d) – Limitation Act, 1963 – Art.113 – The appellant filed suit on 23.02.2005 for a decree for rendition of true and correct accounts in respect of the interest/commission charged and deducted by the respondent-Bank – The plaint was rejected by the Trial Court u/Or.7, r.11(d) of CPC on the ground that it was barred by law of limitation as it was filed beyond the period of three years prescribed u/Art.113 of the Limitation Act – It held that right to sue accrued in favour of plaintiff in October, 2000 and plaintiff could have filed the present suit till October, 2003 as the excessive charging by the Bank was till October, 2000 – The First Appellate Court and the High Court affirmed the decision of the Trial Court – On appeal, held: The appellant noticed the discrepancy in July, 2000 and immediately took the matter with officials of the Bank – The Bank wrote on 09.07.2001 that appellant’s representation was being examined – Thereafter, a letter was received on 08.05.2002 from bank informing appellant that the cheques were purchased at the prevailing rates and another letter was received on 19.02.2002 from bank informing appellant that all actions taken by the bank were as per rules and therefore, the appellant need not pursue the matter any further – The appellant had sent legal notice on 28.11.2003 and 07.01.2005 and then finally proceeded to file suit on 23.02.2005 – The Article 113 uses the expression ‘when the right to sue accrues’ and not ‘when the right to sue “first” accrues’ – Reckoning these dates, the plaint filed on 23.02.2005 was within limitation – Resultantly, the question of rejecting plaint u/Or.7, r.11 of CPC does not arise and the decisions of the Trial Court, the First Appellate Court and the High Court cannot be sustained.