MAHENDER KR LAMBA Vs. SATENDER PRAKASH LAMBA

JUDGEMENT

(1.) THOUGH arguments were addressed by the parties on all the 3 captioned applications, counsel conceded that depending upon the decision in IA No. 5270/2005, other 2 applications be decided.

(2.) IA No. 5270/2005 has been filed by the defendant praying that the suit be dismissed as not maintainable. Order 7 Rule 11 CPC of the Code of civil Procedure has been invoked.

(3.) 3 grounds have been urged while invoking Order 7 Rule 11 of the code of Civil Procedure. The first is the unconditional withdrawal of CS (OS)No. 211/2003. The second ground urged is that in view of pendency of CS (OS)No. 2123/2003, second suit on the same cause is not maintainable. The 3rd plea is that the claim is barred by the limitation.