HIGHLIGHTS OF THE MONTH
Subsequent suit after rejection of earlier plaint must
be filed within limitation period
[Indian Evangelical Lutheran v. SRI Bala & Co. (Civil
Appeal No. 1525/2023)]
In a recent judgment, the Supreme Court of India addressed the
limitations on filing subsequent lawsuits after the rejection of an
earlier plaint. The Court emphasized that while Order VII Rule 13
of the Code of Civil Procedure, 1908
('CPC') permits the filing of a fresh suit
following the rejection of a previous plaint, such a suit must
adhere to the 3-year limitation period stipulated under Article 113
of the Limitation Act, 1963 ('Limitation
Act').
The Court unequivocally stated that the provisions of the CPC do
not supersede the limitations imposed by the Limitation Act.
Consequently, any subsequent suit filed beyond the 3-year period
would be barred by limitation and subject to rejection under Order
VII Rule 11(d) of the CPC.
