Code of Civil Procedure, 1908 - O.7 r. 11(d) - Rejection of Plaint - On the ground of limitation - After 15 years of institution of the suit - Propriety of - Held: While deciding the application under the provision, pleadings in the plaint has to be read as a whole - In the facts of the case, rejection was without adverting to all the materials in the plaint and at belated stage - Hence rejection not proper - Direction for restoration of suit - Limitation Act, 1963 - Schedule, Article 59.

Appellant-Plaintiff filed a suit in 1990 making averments therein that he was a handicapped person. His father bought a piece of land in his name. He constructed four storeys of building in question, from his own funds. He had leased the first floor thereof to a tenant and had permitted the respondents' father (his brother) to use the second floor thereof as a licencee. Respondents after death of their father, in 1986 claimed possession of the first floor of the building on the basis that they had obtained some decree in that respect in 1976. Despite best efforts, appellant could not get details of the case. The tenant in the first floor stopped paying rent to the appellant, and filed an interpleader suit in 1989 alleging that there was dispute about the persons to whom the rent was to be paid. In that suit details of the decree were disclosed. Thereafter appellant filed the suit. After 15 years of institution of the suit, and also after filing of Written Statement, framing of issues (including on limitation), closure of evidence, respondents moved application under Order 7 Rule 11(d) CPC for rejection of plaint on the ground of suit being barred by limitation. Trial Court dismissed the suit on the ground off imitation. The order was confirmed by High Court.