VIMAL BUILDERS Vs. NAND KUMAR ANANT VAITY

JUDGEMENT

(1.) This Notice of Motion is taken out by Defendant No.41 for 3 reliefs:

(2.) The relief claimed under Order 7 Rule 11(d) is upon the bar created by the law of limitation. It must first be seen whether from the plaint itself the suit is seen to be barred by the law of limitation. If that is seen, the other two prayers would not come up for consideration; Neither would the issue be required to be framed nor would any order in any notice of motion being required to be granted or set aside.

(3.) The plaint is in respect of two properties: