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2007 DIGILAW 623 (ALL)

PUSHPA DEVI v. ARVIND KUMAR

2007-03-15

V.C.MISRA

body2007
JUDGMENT Hon’ble V.C. Misra, J.—This application under Article 227 of the Constitution of India has been filed by the applicant challenging the order dated 15.3.2005 (Annexure 1 to the application) passed by the trial Court in Misc. Case No. 2/7/2004 and the order dated 24.8.2006 (Annexures 2 to the application) passed by the lower Revisional Court in Civil Revision No. 48 of 2005 whereby the lower Revisional Court has declined to interfere with the order of the trial Court. This application has been filed by the applicant for a direction to the trial Court to take his plaint on record even though the latter was filed beyond the limitation period in terms of the Order VII Rule 6 of the Code of Civil Procedure. 2. Learned Counsel for the applicant has submitted that a wrong application has been moved by the Counsel on behalf of the applicant-plaintiff before the Court below under Section 5 of the Limitation Act which is not attracted in the present circumstances of the case. 3. I have perused the record of the case and heard learned Counsel for the applicant. Learned Counsel for the applicant has relied upon the provisions of Order VII Rule 6 of the Code of Civil Procedure, which reads as under : “6. Grounds of exemption from limitation law.—Where the suit is instituted after the expiration of the period prescribed by the law of limitation, the plaint shall show the ground upon which exemption from such law is claimed : Provided that the Court may permit the plaintiff to claim exemption from the law of limitation on any ground not set out in the plaint, if such ground is not inconsistent with the grounds set out in the plaint.” 4. No ground whatsoever has been disclosed in the plaint on which such exemption from law of limitation has been claimed nor any application has been moved before the trial Court by the plaintiff seeking permission of the Court claiming exemption from law of limitation on any other ground which was not set out in the plaint. In absence of any application and in absence of any ground set out in the plaint or brought to the notice of the Court subsequently through an application, the plaintiff-applicant cannot claim any exemption from the law of limitation so prescribed, under limitation law for entertaining a suit under Code of Civil Procedure. 5. In absence of any application and in absence of any ground set out in the plaint or brought to the notice of the Court subsequently through an application, the plaintiff-applicant cannot claim any exemption from the law of limitation so prescribed, under limitation law for entertaining a suit under Code of Civil Procedure. 5. Looking into the facts and circumstances of the present case, I do not find any palpable error apparent on the face of the record in the impugned orders passed by the Courts below. 6. Thus, the application is accordingly dismissed. No order as to costs. ————