Case Law Analysis
|Madhya Pradesh High Court
Order VII Rule 11 CPC | Limitation Cannot Be Decided Without Trial When Stay Order Creates Triable Dispute Over Contract Performance : MP HC Jabalpur
When a defendant claims a suit is barred by limitation due to a prior stay order preventing contract performance, the court cannot decide limitation at the plaint rejection stage - the existence, scope, and impact of the stay must be tested through evidence at trial. This reinforces that mixed questions of law and fact under Order 7 Rule 11 require full adjudication, protecting plaintiffs from premature dismissal where factual disputes are genuine.