Newsletter - January, 2025

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. In this case, the Respondent initially filed a suit in 1993, which was subsequently rejected in 1998. The respondent then filed a second suit in 2007, exceeding the 3-year limitation period as prescribed under Article 113 of the Limitation Act. The Court held that the second suit was time-barred and allowed the application to reject it.