SHASHI BHUSHAN Vs. SMT. DR. MEENA JAIN

JUDGEMENT

(1.) Service has been effected on the defendant/ respondent but he has not filed any objection against the delay condonation application (CLMA No.11956 of 2015). Hence, after hearing the learned counsel for the appellant on the application and considering the grounds stated in such application, supported in the enclosed affidavit, the delay of 55 days' in moving the appeal is condoned. Delay condonation application stands allowed accordingly.

(2.) The Original Suit No. 20 of 1995 was filed on 31.01.1995 seeking to declare the sale deed dated 29.11.1989 as illegal and void, having no effect on the plaintiff; in addition thereto, the direction was also sought against the defendant for removal of his illegal possession/construction over the spot, which was resisted by way of filing the written statement. The averments of the parties lead to the formulation of issues including the Issue No.4 depicting as to whether the suit was barred by time limitation, as envisaged under Article 59 of the Limitation Act, 1963. This provision postulates three years limitation for instituting the suit, either from the date of execution of such sale deed or from the date when the such execution came into notice of the plaintiff.

(3.) Learned Trial Judge, by deciding the preliminary issue against the plaintiff, rejected the plaint vide order dated 22.08.2013 under Order 7 Rule 11 of the Code of Civil Procedure.