Jagan @ Jag Ram Through His Lrs Ved Prakash And ORS. v. M/S Shalimar Town Planner Pvt Ltd

CR No.4974 of 2016 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.4974 of 2016 Date of decision:05.08.2016 Jagan @ Jag Ram (since deceased) through LRs ... Petitioners Vs.

M/s Shalimar Town Planner Pvt. Ltd.

... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Kul Bhushan Sharma, Advocate, for the petitioners.

AMIT RAWAL J. (Oral) The petitioner-defendants are aggrieved of the dismissal of the application under Order 7 Rule 11 CPC seeking rejection of the suit on the premise that target date was 11.01.2008, whereas, suit had been filed on 13.12.2011, therefore, the suit ex facie was barred by law of limitation and was not maintainable.

For the adjudication of the application under Order 7 Rule 11 CPC, only the averments made in the plaint have to be seen. It is also admitted position on record that defendants are yet to file the written statement. They can take the plea of maintainability in written statement but not in the manner and mode by seeking rejection of the suit at the threshold. No ground is made out for interference in the impugned order, much less, the same cannot be said to have been passed without jurisdiction. Savita 2016.08.10 14:11 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.4974 of 2016 {2} Accordingly, the revision petition stands dismissed. (AMIT RAWAL) JUDGE August 05, 2016 savita Wheather speaking/reasoned Yes/No Whether Reportable Yes/No Savita 2016.08.10 14:11 I attest to the accuracy and integrity of this document High Court Chandigarh