RAM GOPAL KULATHIA Vs. MANOJ KUMAR ETC

JUDGEMENT

(1.) THE present petition has been filed under Section 115 of the CPC assailing the impugned order dated 9th January, 2009 wherein the learned ADJ dismissed the suit of the petitioner under Order 7 Rule 11 of the CPC. Relevant facts that led to the filing of this petition are as under:

(2.) THE cause of action arose on 18th September, 2001 and it is the case of the petitioner itself that the suit was to be filed on 4th June, 2005 - there is a delay of four years in filing the suit and even if it were to be filed on 4th June, 2005, the suit was filed on 2nd January, 2007. It is also asserted that from a bare reading of Section 5 of the Limitation Act, 1963 it appears that the specific section only applies to the filing of an appeal or any application, other than an application under Order 21 of CPC. It does not prescribe that the same applies to filing of a suit.