DEVENDRA SRIVASTAVA Vs. EIFEL RECREATION CLUB (P) LTD.

JUDGEMENT

(1.) The revisionists are the defendants of Regular Suit No.2066 of 2021, filed before the Civil Judge (Senior Division), Lucknow (M/s Eifel Recreation Club (P) Ltd. Vs. Devendra Srivastava and others) by the respondent herein, who is the plaintiff, seeking a decree of specific performance of contract and perpetual injunction.

(2.) The revisionists filed an application under Order VII Rule 11 CPC before the trial court seeking rejection of the plaint in suit on the ground that it was barred by the law of limitation. The trial court after hearing the parties by means of impugned order dtd. 6/5/2022 rejected the said application, which led the defendants to assail the said order in a revision under Sec. 115 CPC before this Court.

(3.) Shri Pritish Kumar, learned Senior Counsel for the revisionists alongwith Shri Amal Rastogi, learned counsel has urged that the suit filed by the respondents was patently barred by law of limitation.