DILEEP NEVATIA Vs. HARISH LOYALKA

JUDGEMENT

(1.) The present Appeal arises from an Order passed by a learned Single Judge of this Court (G.S. Patel, J.) dated 26 th February 2019, whereby the Notice of Motion filed by the original Defendant No. 1 in the Suit i.e. the Appellant before us, under Order VII, Rule 11(d) of the Code of Civil Procedure, 1908, was dismissed. The Appellant had contended before the learned Single Judge that the suit was barred by limitation and accordingly the Plaint ought to be rejected as such.

(2.) Before dealing with the submissions made by Mr. Nevatia the Appellant appearing in person before us, it is necessary to set out a brief background of certain relevant events / orders in the matter. The present suit has been filed by the Plaintiffs' predecessor in the year 1996 inter alia for a declaration that the Plaintiffs' predecessor was entitled as the Lessee under a Lease Deed dated 10th December 1979 (to the suit premises) as described in the Schedule at Exhibit 'A' to the Plaint. Central to the litigation is a Family Agreement stated to have been arrived at on 22 nd September 1990. In the Plaint, the Plaintiffs seek vide prayer clause (b)(i), a declaration that the Family Agreement dated 22nd September 1990 be treated as duly and legally cancelled / avoided / rescinded by the Plaintiffs, and that the same is void and not binding upon the Plaintiffs.

(3.) Shortly after the suit was filed, in 1998 the Appellant herein filed Notice of Motion No. 2816 of 1998 seeking rejection of the aforesaid prayer clause (b)(i) of the Plaint in limine, as being barred by limitation, by invoking the provisions of Order VII, Rule 11(d) of the Code of Civil Procedure, 1908.