KIMSUKH KRISHNA SINHA Vs. SUDIPTI ESTATES AND ORS.

JUDGEMENT

(1.) These are applications filed by all the 10 defendants in the suit except defendant nos. 5 and 6 for rejecting the suit plaint and dismissing the suit. I.A No.7115/2010 filed by the defendant no.1 is for dismissal of the suit on the ground of the suit being barred by limitation, and therefore, counsel for the defendant no.1 prays for treating the application of defendant no.1 also under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC) and which oral prayer is allowed. In fact if the suit is held to be time barred against defendant no.1, the suit will also have to be held to be time barred against the other defendant nos. 2 to 10 by application of Section 3(1) of the Limitation Act, 1963.

(2.) Plaintiff by this suit seeks recovery of a sum of Rs.31,09,50,000/ - alongwith pendente lite and future interest against a total of ten defendants. Memo of parties in the suit is as under:

(3.) As per the plaint, plaintiff had title rights in the two properties stated in para 5 of the plaint. The first property is land measuring 361 Kanal and 13 Marla situated at Village Bandhwari, Tehsil, Sohna, District Gurgaon, Haryana. The second property is land comprising of 44 Kanals and 11 Marla situated at Village Bandhwari, Tahsil, Sohna, District Gurgaon, Haryana. Rights in these properties were transferred by the plaintiff to the defendant no.1 for a total sum of Rs.34,27,31,188/and which amount was received by the plaintiff from defendant no.1 through six cheques signed by defendant nos.5 and 7 namely Sh. Praveen Kumar and Sh. Jai Prakash Gaur. The details of such payments are as under: -