Sterling Witness

Who can be said to be Sterling Witness?

Held: If the version of witness is unassailable, capable of being accepted for its face value without any hesitation then such witness is called as Sterling Witness.

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.