SUSHIL BHASIN Vs. SUNDEEP GUPTA

JUDGEMENT

(1.) The suit of the appellants herein, filed on the original side of this Court, has been dismissed by the learned single Judge as barred by limitation vide judgment and decree dated 21.8.2006. The learned Judge opined that even on the basis of the averments made in the plaint, the suit was ex facie time barred and, therefore, there was no need to even issue summons to the defendants. Dissatisfied by such a course of action adopted by the learned single Judge, the appellants have preferred this appeal.

(2.) Notice in this appeal was issued to the respondents, who were defendants in the suit. We heard learned counsel for the appellants and defendants at length.

(3.) Before adverting to the controversy raised and taking note of the submissions of the respective counsel, it would be necessary to take stock of certain facts, as pleaded by the appellants in the plaint. We do so because of the simple reason, namely, at this stage there is obviously no written statement and version of the respondents/ defendants has not come on record. Furthermore, in any case, when the learned single Judge did not even feel the requirement of issuing summons and dismissed the suit as time barred on the basis of averments made in the plaint, we have necessarily to look into those averments only which are traversed in the plaint.