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As per case facts, petitioners/defendants challenged a suit for declaration and injunction as time-barred under Order VII Rule 11 CPC. The plaintiff's previous injunction suit was dismissed. A new suit
...was filed, citing a cause of action in 2021. Defendants argued the first cause of action arose in 2005 when their title was denied in the prior suit, making the new suit beyond the three-year limitation under Article 58. The Trial Court rejected this, holding that plaint averments, which showed the suit within limitation from the 2021 cause of action date, must be taken at face value. The question arose whether the suit was barred by limitation under Article 58, given the disputed date of the first accrual of cause of action. Finally, the High Court dismissed the petition, affirming that at the Order VII Rule 11 stage, only plaint averments are considered. If there is a dispute on the first accrual date, it becomes a mixed question of fact and law requiring evidence, not a summary rejection. The denial of title in the previous suit was not a clear and complete denial, further making it a mixed question.
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