GULDAS AND ANR Vs. RAMESH TOMAR & ORS

JUDGEMENT

(1.) This petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) impugns the order of the trial court dated 2.7.2013 by which the trial court has refused to reject the plaint under Order VII Rule 11 CPC on the ground that the suit is barred by limitation.

(2.) The subject suit is a suit for possession under Section 6 of the Specific Relief Act, 1963 alongwith certain other reliefs. The suit was filed on 22.1.2003. In the plaint, dispossession of the plaintiff/respondent no.1 is pleaded to have taken place between 5.1.2003 and 10.1.2003.

(3.) Originally in the suit there were only two defendants namely Sh. Hatam Singh and Sh. Harish Chhabra/respondent nos.2 and 3 herein. Subsequently the defendant nos.3 and 4/petitioners were added as parties by allowing an application of the respondent no.1/plaintiff under Order I Rule 10 CPC by the order dated 14.9.2004. The application under Order I Rule 10 CPC for adding petitioners as defendant nos.3 and 4 as parties to the suit was filed on 16.4.2003 and the same was allowed by the trial court vide its order dated 14.9.2004.