Second Suit On Same Cause Of Action Must Be Filed Within 3 Years Of Rejection Of Earlier Plaint : Supreme Court

The Supreme Court observed that the subsequent suit on the same cause of action would be barred by limitation if filed beyond three years after the rejection of an earlier plaint. The Court rejected the argument that Order VII Rule 13 of the Code of Civil Procedure justifies filing a fresh suit after the rejection of the earlier plaint. The bench comprising Justices BV Nagarathna and N Kotiswar Singh was hearing the appeal filed against the Madras High Court decision which affirmed the trial court's decision dismissing the Appellant's application under Order VII Rule 11 of CPC seeking rejection of the Respondent's subsequent suit filed after nine years of the rejection of the earlier plaint. Setting aside the High Court's decision, the judgment authored by Nagarathna J. emphasized that the subsequent suit has to be filed within a limitation period of three years starting from the date of rejection of the earlier plaint, and the Respondent cannot The Court observed that the Respondent cannot rely on Rule 13 of Order VII, as the provisions of the CPC do not override the Limitation Act.