Full Order Text
Order 4 · 02 Feb 2026 · CNR DLND010082012024
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CS No. 4230-2024 Narendra Kashyap Vs. Tarun Sarda 02.02.2026 Present : Sh. Kamal Kukreja (through VC) and Ms. Adi Adhyayee Priyanshi, Ld. counsels for the plaintiff. Arguments on the point of limitation heard. Briefly stated: The plaintiff herein has filed a recovery suit against Sh. Tarun Sarda (defendant no.1) seeking recovery of a sum of Rs.31 Lacs, which was advanced by the plaintiff to defendant no.1 as part consideration for purchase of a flat. As per agreement to sell dated 15.09.2009 towards the said purchase, sum of Rs.31 Lacs was paid by the plaintiff to defendant no.1 on 12.09.2019 and as per clause no.4 of the said agreement to sell, sale was required to be executed by 26.10.2019. It is argued by the counsel for the plaintiff that the defendant no. 1 has fraudulently concealed that the impugned property was mortgaged by him with multiple banks and it is only after issuance of demand notice dated 20.06.2022, he came to know about the fraud committed by the defendant no. 1. Relying upon section 17 of the Indian Limitation Act, Counsel for the plaintiff contends that the period of limitation would commence only after the plaintiff gaining knowledge of the impugned fraud and thus the suit is well within limitation. The issue as to if the plaintiff, in fact, is entitled for any benefit u/s 17 of Indian Limitation Act or not needs a meticulous examination and thus cannot be disposed of in limine. -- 1 of 2 -- -2- Accordingly, let summons of the suit be issued upon the defendants on filing PF, RC, AD, Speed Post, Courier as well as through all electronics modes returnable for 21.05.2026. (Dharmender Rana) District Judge – 01 PHC/New Delhi/02.02.2026 -- 2 of 2 --