SATYABIR @ SATBIR SINGH Vs. CAPT. ABHIMANYU AND OTHERS

JUDGEMENT

(1.) PLAINTIFF Satyabir @ Satbir Singh has filed this revision petition under Article 227 of the Constitution of India impugning order dated 13.11.2009 Annexure P/3 passed by the trial court and judgment dated 27.7.2011 Annexure P/5 passed by the lower appellate court. Plaintiff -petitioner has filed suit against respondents/defendants vide plaint Annexure P/1 alleging that the plaintiff had purchased a jeep by taking loan from defendants no. 1 to 5 by way of hire purchase agreement. However, defendant nos. 1 to 5 along with their musclemen forcibly seized the said jeep from the plaintiff on 24.3.2000. The plaintiff has inter alia sought damages for monetary loss caused to the plaintiff due to seizure of the jeep and also claimed mandatory injunction directing the defendants to deliver back the jeep as well as deliver back cheque book and other blank and printed papers to the plaintiff. Along with plaint, the plaintiff moved application Annexure P/2 under section 151 of the Code of Civil Procedure (in short, CPC) for condonation of delay in filing the suit.

(2.) LEARNED trial court vide order Annexure P/3 has dismissed the plaintiff's application Annexure P/2 and consequently, dismissed the suit as time barred. Appeal against the said order preferred by the plaintiff has been dismissed by learned lower appellate court vide judgment Annexure P/5. Feeling aggrieved, the plaintiff has filed this revision petition to challenge judgments of both the courts below.

(3.) THE plaintiff alleged in the application Annexure P/2 that he had earlier made criminal complaint on 9.6.2000 before Judicial Magistrate and the said complaint was quashed by this Court on 30.7.2007 and therefore, delay, if any, in filing the suit be condoned by excluding aforesaid period from 9.6.2000 till 30.7.2007.