Suit was filed on 20th November 2012 and it has been specifically pleaded that cause of action arose on 06th October 2012. Defendant appeared and without filing written statement he filed an application under Order 7 Rule 11 Code of Civil Procedure on the ground that suit is barred by Limitation. State what is the correct legal position?
A. Application under Order 7 Rule 11 Code of Civil Procedure is not maintainable because written statement should be filed firstly
B. Plaint shall be rejected because suit is barred by Law of Limitation
C. Dismissed of application will be proper. Objection could not be decided without recording evidence of parties
D. Application should be allowed because plaint does not disclose correct cause of action
Answer: Option C
This Question Belongs to Law >> Code Of Civil Procedure
Under Order 8 Rule 6 Code of Civil Procedure set-off may be permitted if-
A. The suit is for recovery of property
B. Set-off claimed by the defendant is ascertained sum of money
C. Value of property recoverable is less than rupees two lacs
D. Defendant presents a written statement of the suit
A. Is barred under all circumstances
B. Is not barred at all
C. Can be filed with the leave of the court
D. Either B or C
A. Such property actually received or might have received together with interest
B. Property actually received including profits due to improvements made by such person
C. Such property actually received or might have received but without any interest on such profits
D. Such property actually received
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