In Brief
Shakti Bhog Food Industries filed a recovery suit, which was rejected by the trial court under Order VII Rule 11(d) of the CPC on grounds that it lacked necessary averments relating to limitation. The High Court and first appellate court upheld this rejection. The Supreme Court held that while a plaint lacking proper limitation averments may be rejected, the court must examine the entire plaint comprehensively and record reasoned orders before doing so. The courts below failed in this duty. Accordingly, the Court allowed the appeal, set aside all orders of rejection, and restored the plaint to the trial court for proper adjudication on all issues including limitation.
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