Ajay Kumar Garg v. Prkash Chand Goel

$~R-135,136 and 137 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 713/2006 AJAY KUMAR GARG ..... Appellant Through:

Mr. Chandra Shekhar, Mr. Prashant Shekhar and Ms.

Meena Hasan, Advocates.

versus PRAKASH CHAND GOEL ..... Respondent Through:

Mr. S.C.Singhal, Advocate + RFA 719/2006 VIKAS GARG ..... Appellant Through:

Mr. Chandra Shekhar, Mr. Prashant Shekhar and Ms.

Meena Hasan, Advocates.

versus PRAKASH CHAND GOEL ..... Respondent Through:

Mr. S.C.Singhal, Advocate + RFA 723/2006 SUNITA DEVI ..... Appellant Through:

Mr. Chandra Shekhar, Mr. Prashant Shekhar and Ms.

Meena Hasan, Advocates.

versus PRAKASH CHAND GOEL ..... Respondent Through:

Mr. S.C.Singhal, Advocate

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 20.11.2018 1.

After arguments, these three appeals are disposed of with the consent order that the impugned judgment of the Trial Court dated 24.5.2005 rejecting the plaints/dismissing the suits as time barred, is set aside qua all the three Suit Nos.159/2003, 160/2003 and 162/2003 titled as Ajay Kumar Garg Vs. Prakash Chand Goel, Sunita Devi Vs. Prakash Chand Goel and Vikas Kumar Garg Vs. Prakash Chand Goel respectively. However, setting aside of the impugned judgment does not mean that this Court has held that the suits are within limitation because the issue of limitation will be treated as an issue of fact, and this issue of limitation will be framed and decided by the trial court at the stage of final arguments after parties have led evidence. 2.

Parties to appear before the District and Sessions Judge, Central, Tis Hazari Courts, Delhi on 14th January, 2019, and the District and Sessions Judge will now mark the suits for disposal to a competent court, in

accordance with law.

3.

Trial court record of all the three suits be sent back. VALMIKI J. MEHTA, J NOVEMBER 20, 2018 ib