Bar of period of limitation is a mix question of facts and law

Plaint can not be rejected on the ground of bar by limitation

   Whether plaint can be rejected under Order 7 Rule 11 of CPC if defendant claims the suit to be barred by limitations and disputes the time of accrual of cause of action?

Held:

   Plain can not be rejected under Order 7 Rule 11 of C.P.C. if accrual of cause of action as mentioned in the plaint is disputed to be beyond period of limitation.

   Genuineness of assertion in respect of accrual of cause of action is a mix question of facts and law.

Muslim mother is not guardian of minor's property

• Whether consent of mother is necessary to alienate property of minor?

• Whether father is required permission of District Court for alienating property of minor?

   Grand mother gave property to minor grandson as a gift - Father without consent of mother of minor and without permission of court executed agreement to sale with third-party - before execution of sale deed, minor attained majority - Notice for specific performance of agreement given to the owner who has attained the majority - suit for specific performance filed against owner who was minor at the time of execution of agreement to sale by his father - Trial court hold that father of the minor was the legal guardian, however, he did not have the authority to execute the agreement, as the defacto guardian was the mother - Suit dismissed - First appellate court reversed the judgment of trial court - Second appeal filed in High Court.

Held: Under Mohammedan Law the mother cannot act or be the guardian of the property of the minor. Consent or permission neither of mother nor of District Court is necessary for father, being natural guardian to alienate property of minor.