Raj Kumar Gupta v. Lata Malhotra

ORDER %

14.11.2011 Tlie order impugned before this court is the order dated

29.9.2009 wherein an application filed by the defendant under Order VII Rule of the Code of Civil Procedure had been dismissed. Record shows that present suit is a suit for recovery and damages; a sum of ?9,99,108/- had been claimed by the plaintiff against the defendant. The application filed by the defendant under Order VII Rule 11 of the Code has also been perused; contention is that the suit is barred by limitation. Impugned order had rejected this contention of the defendant; impugned order had correctly noted it is only the averments in the plaint which have to be noted for dealing with an application under Order VII Rule 11 of the Code and the trial court had found that the Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. avermentsin the plaintdo not make out a case for rejectionofthe plaint. None has appeared for the petitioner. Matter is on Board. Learned counsel for the respondent has informed the court that the trial is in progress;specificissue on limitationalong with other issues has been framed; plaintiffhas entered the witness box and is under examination. This petition has become infructuous; it is disposed of accordingly. NOVEMBER 14, 2011 nandan INDERMEET KAUR, J f'

a * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P.165/2009 RAJ KUMAR GUPTA ' Petitioner Througin: None. versus • LATA MALHOTRA Respondent Tlirough: Ms.Suman Kapoor, Advocate. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR