Rajive Sawhney (Deceased Through Lrs.) & ANR. v. Devika Mehra

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 38/2020 RAJIVE SAWHNEY (DECEASED THROUGH LRS.) & ANR.

..... Appellants Through:

Mr. Sandeep Sethi, Senior Advocate with Mr. Imran Moulaey, Advocate.

versus DEVIKA MEHRA ..... Respondent Through:

Mr.

Jayant Mehta, Ms.

Nupur Agarwal & Ms. Anu Shrivastava, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 07.08.2020 C.M. No. 15274/2020 Exemption allowed, subject to all just exceptions. The application stands disposed of.

FAO(OS) 38/2020 & C.M. No. 15275/2020 After some hearing, learned senior counsel for the appellants, on instructions, does not press the appeal. He, however, submits that the learned Single Judge may frame the issue of limitation since the issue of limitation is set up by the defendant. He also states that the learned Single Judge may be requested to hear the issue of limitation as a preliminary issue.

We leave it open to the learned Single Judge to consider whether the issue of limitation may be decided as a preliminary issue as and when such a request is made by the plaintiff.

The appeal stands disposed of in the aforesaid terms. We make it clear that we have not made any observations on the merits of the case of either party.

VIPIN SANGHI, J RAJNISH BHATNAGAR, J AUGUST 07, 2020 B.S. Rohella