Interim Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 45 CS DJ 129/25
MAHENDER PAL Vs. SUDHIR KUMAR
21.04.2026
Present: Sh. Saurabh Shokeen, Ld. Counsel for the plaintiff.
Sh. Prabhjit Tyagi, Ld. Counsel for the defendant.
Matter is fixed for further arguments on the application of
defendant u/o 7 rule 11 CPC.
At this stage, original plaint along with documents filed by
counsel for plaitniff. Heard detailed arguments on the application of the
defendant u/o 7 rule 11 CPC.
In the appliation u/o 7 rule 11 CPC , it is stated that the plaint
be rejected as the suit is barred by limitation. It is submitted by counsel
for defendant that the cause of action allegedly arose on or about 2017
and the present suit has been filed in the year 2025. Hence, the plaint
be rejected.
Per contra, it is submitted by counsel for plaintiff that the
cause of action initially arose in the year 2017 when the defendant
approached him for the purchase of suit property. It is stated that after
execution of the sale deed dated 14.02.2017, whenever he contacted the
defendant for presenting the cheque for encashment issued by
defendant, he requested that he be given some more time as he is facing
financial crunch. He contacted him on various occassions and
everytime defendant promised the same. Thereafter, the defendant
issued the legal notice dated 04.07.2022 acknowledging the payment
which is due against the plaintiff. It is submitted that the question of the
limitation is a mixed question of law and facts. It is prayed that the
application of the defendant be dismissed.
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I have perused the complete record filed.
The plaintiff has initially filed the suit for cancellation of sale
deed, which was subsequently amended as suit for recovery of Rs.
27,66,000/- with interest. The defendant has admitted the entire
contents of the plaint in the WS. He has also admitted that he had
issued the legal notice dated 04.07.2022, wherein he has admitted his
liablity towards the plaintiff. The question of limitation in the present
case is a mixed question of law and fact. Accordingly, the application
of the defendant u/o 7 rule 11 CPC is dismissed.
Pleadings in the matter are complete. On the basis of
pleadings following issues are settled:
1. Whether the suit is barred by limitation ? OPD.
2. Whether the plaintiff is entitled for the recovery of
Rs.27,66,000/- if yes interest at what rate and for which
period ? OPP.
3. Relief.
No other issue either arises or has been pressed for.
Let list of witnesses be filed by both the parties within 15
days from today alongwith affidavit of witnesses ought to be examined
with advance copy to each other.
Put up for PE on 30.07.2026.
(KIRAN GUPTA)
DJ-02/(N-W), Rohini Courts
Delhi/21.04.2026
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