Transposed plaintiff’s right upheld: Himachal HC dismisses plea on limitation in Family Property dispute

The Himachal Pradesh High Court has dismissed a petition filed by Tejinder Singh challenging the order of the Additional District Judge-I, Shimla, which had refused to reject a civil suit on the ground of limitation. Justice Sandeep Sharma, while upholding the lower court’s decision, held that the issue of limitation in the present case is a mixed question of fact and law that requires adjudication during trial, and therefore, the plaint could not be rejected at the threshold under Order 7 Rule 11(d) of the Civil Procedure Code (CPC). Membership Form

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The case arises from a long-standing family