#limitation mixed question

A plaint alleging that a prior decree was obtained through fraud cannot be dismissed at the threshold under Order 7 Rule 11 CPC merely because it appears barred by limitation or res judicata. The Punjab & Haryana HC clarifies that such allegations demand full trial and evidentiary scrutiny, protecting litigants from premature dismissal when fraud undermines the foundation of prior judgments.

The Punjab & Haryana High Court ruled that a plaint cannot be partially rejected under Order VII Rule 11 CPC on limitation grounds, even if only some defendants seek it. The bar must be patently clear for rejection, reinforcing that limitation objections must apply uniformly to the entire plaint, not selectively.