Interim Order 7

Order Details: COPY OF ORDER
Pdf Text: CS 215/24
RAVINDER KUMAR Vs. GOVERNMENT OF NCT OF
DELHI
19.02.2026
Present: Ld. Counsel for plaintiff.
D-1 is ex-parte.
Ld. Counsel for D-2 through V.C.
Ms. Anuja Pethia, Mr. Rishabh Nigam, Ld. Counsel for
D-3 alongwith Ms. Kritika Bodha, Dy. Manager (Legal),
EIL.
Mr. Anurag Vats, Ld. Proxy Counsel for D-4.
1. Vide order dated 11.11.2025 passed by the Hon’ble High Court
of Delhi in CRP No. 226/25, the issue of limitation [issue No.
(iii)] framed vide order dated 16.10.2025 in this suit is directed
to be tried as preliminary issue.
2. The onus of the said issue is for D-3 to discharge and thus, D-3
is directed to lead evidence on the said issue.
3. At this stage, Counsel for D-3 presses her application U/S 151
CPC whereby she wants to bring on record the copy of the
order referred above passed by Hon’ble High Court of Delhi;
and also wants the issue of limitation to be split into two
components with one being a main issue of limitation and the
other aimed at restricting the extent of damages payable by
defendants, if any.
4. In my humble opinion, once the issue of limitation is decided
either ways, the matter shall either fail or would proceed further
on the question of quantum of damages (subject to the condition
that such damages are proved on record by the plaintiff). Thus,
the extent of damage if any to be awarded to the plaintiff shall
-- 1 of 2 --
fall for consideration if limitation is decided in favour of
plaintiff and thereafter, the other issues (specially issue No. (ii)
already framed in the matter) would take care of the proposed
second limb. Thus, in my humble opinion, there is no
requirement of splitting of issues in the manner proposed.
Application is disposed off.
5. Plaintiff has filed an amended memo in terms of earlier
directions dated 18.07.2025. Same is taken on record. Ahlmad
is directed to tag the same as per rules.
6. Plaintiff has also filed his affidavit in evidence. Let copy be
supplied.
7. To come up for evidence of D-3 on the issue of limitation in
terms of this order for 07.07.2026 and 08.07.2026.
8. Dates of 20.02.2026 and 21.02.2026 are cancelled.
Aashish Gupta
DJ-01/NE/KKD/DELHI
19.02.2026
-- 2 of 2 --