Code of Civil Procedure, 1908–Order 7, Rule 11 & Order 37–Limitation Act, 1963–Suit for recovery of money–Dismissed by invoking the provisions of Order 7, Rule 11 as barred by limitation–Case of the plaintiff that the plaint clearly discloses a cause of action–He asserted that he was continuously given assurances of payment by the respondent-defendants and the fraud came into light only after issuance of the legal notice–Trial Court erred in rejecting the plaint at the preliminary stage on the ground of limitation, especially when the matter involves substantial factual disputes regarding the alleged fraud, concealment and non-payment of dues–Impugned order is liable to be quashed and set aside.
