ROMILA MAYANK SHARMA Vs. ZEE NEWS LIMITED

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 7.5.2016 by which the trial court has rejected the plaint under Order VII Rule 11 CPC as the suit was found to be time barred.

(2.) Appellant/Plaintiff was the employee of the respondent/defendant. The services of the appellant/plaintiff were terminated vide Termination Letter dated 15.4.2009 and which was received by the appellant/plaintiff admittedly on 27.5.2009. Appellant/plaintiff by the subject suit seeks the relief of reinstatement in services/declaration of illegal termination of services and with consequential monetary reliefs of salary etc. The prayer clauses of the plaint read as under:-

(3.) Trial court has held that since the suit has been filed on 7.1.2013 i.e. after a period of three years on receiving of the Termination Letter dated 15.4.2009 on 27.5.2009 i.e. limitation of three years commence from 27.5.2009, and therefore the subject suit which had to be filed on or before 27.5.2012, but was filed on 7.1.2013, was barred by time.