The issue of limitation should be left to be adjudicated afresh, after the respondents have entered appearance in the suit.

The High Court of Delhi observed that the suit can not be rejected in limine on the ground of limitation alone. The defendants must be given a chance to put up their grounds and defences by filing written statement on the issue of limitation.

The said ratio was delivered by the High Court of Delhi in the matter of Capital Land Builders Pvt. Ltd. Vs. Komal and Others, RFA No. 463/2018 decided on 08.10.2018.

Challenge

The issue before the Hon’ble Court was that whether the Trial Court was justified in dismissing the suit of the appellant/ plaintiff in limine as the plaint was barred by limitation.

Held

The Hon’ble High Court of Delhi set aside the order of the Ld. ADJ and after relying upon Ashok Kumar Vs. Rustam 227 (2016) DLT 385 (SLP(C) No.14543/2016 and Sunil Kohli Vs. Subhash Chand Dua 2016 SCC OnLine Del 3244 (SLP(C) No.26164/2016 held that the issue of limitation is to be decided afresh after giving the opportunity to the defendants to file their written statement.

The High Court of Delhi observed that the decision of dismissal of the suit in limine on the ground of  limitation must not be decided before hearing the defendants and their pleas.