Code of Civil Procedure, 1908–Order 7, Rule 11–Question of limitation–Consideration–Proposition that the limitation is a mixed question of law and fact, is a general rule–However, it cannot be applied in abstract sence, while dealing with the application under Order 7, Rule 11–If the question of limitation is contenious, which can be resolved without taking into consideration without evidence of rival parties, it would be unsafe to depart from the general rule–However, if on a plain reading of averments contained in plaint, it is ex-facie clear that the suit is barred by limitation, Court’s powers are not circumscribed or laothed to nip it in the bud.
