Code of Civil Procedure, 1908–Order 7, Rule 11 & Sec. 115–Limitation Act, 1963–Art. 59–Rejection of plaint in revision jurisdiction by treating the plaint barred by the limitation–Justification–Trial Court had rightly held that the issue of limitation necessiated adjudication upon evidence–Appellant’s assertion that the power of attorney executed by him did not confer any authority upon his father to alienate the suit property and that impugned transaction came to his knowledge only at a much later point in time–Issue of limitation involved disputed questions of facts and same could not have been decided without the benefit of trial–Further, the plaint averments that the power of attorney was executed for the limited purpose of constructing a house and carrying the related activities–Rejection of plaint by the High Court was not justified.
