(1.) By this order I propose to dispose of I.A. No. 1097/1999 filed by Defendant Nos. 2 to 4 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC') for rejection of plaint. The three Plaintiffs i.e. Sh. Anil Singh S/o. Late Sh. C.P. Singh, Smt. Vimla Singh W/o. Late Sh. C.P. Singh and Smt. Rita Chaudhrie D/o. Late Sh. C.P. Singh filed the present suit for declaration and permanent injunction seeking the following reliefs:
(2.) It is submitted by Defendant Nos. 2 to 4 in the present application that the Plaint should be rejected mainly on the ground that there is no cause of action in favour of the Plaintiffs as the Plaintiffs are seeking to challenge transactions and events concerning the Defendant company which occurred during the year 1957. The Plaintiffs are the wife and children of late Sh. C.P. Singh and they are challenging the documents i.e. partnership and perpetual lease deed which were executed in the year 1957 though the same were never challenged by late Sh. C.P. Singh and moreover he never claimed any right under the said deed when he was alive. Sh. C.P. Singh died on 31st December, 1984 and the present Suit was filed in the year 1997.
(3.) The contention of the Defendants is that the Suit is barred by the law of limitation and consequently it discloses no cause of action. It is stated in the application that the deed of perpetual lease was executed between the President of India and the Defendant No. 4 way back on 5th August, 1957 in favour of the Defendant No. 4.