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2008 Supreme(Bom) 1422

ROSHAN DALVI
Anand Laxmi Enterprises – Appellant
Versus
Vasant Balu Mhatre – Respondent


Advocates appeared:
Mr.Y.S.Jahagirdar, Sr. Advocate a/w. Mr. Nitin Malye
i/b.Subhash Pradhan for Plaintiff
Mr.Zubin Behramkamdin i/b.Sheela K. Mistry for Respondents 1 to 18.
Mr.Dhiren Shah i/b. Vimla & Co., for Defendant Nos.12 & 13

ORAL ORDER

1. This Chamber Summons is for rejecting the plaint as barred by the Law of Limitation. 2. The Chamber Summons is taken out under the provisions of Order VII Rule 11(d) of the C.P.C. The said Rule runs thus:

11.Rejection of plaint –

The plaint shall be rejected in the following cases:

( a). .....

(b). .....

( c ). .....

(d). where the suit appears from the statement in the plaint to be barred by any law”.

3. This Suit is stated to be barred by the Law of Limitation. Consequently, the statement in the plaint would have to be read to see whether this Suit appears to be barred by the law of limitation.

4. The Plaintiffs entered into an agreement with the Defendants 1 to 11 on 30th April, 1989. The Plaintiffs were to develop the property of Defendants 1 to 11. The property was tenanted. The Plaintiffs were to settle with the tenants and pay the consideration under the contract. The relevant part of the averments in the plaint read as a whole must be considered parawise.

a) Paragraph 12: no progress could be made with the tenants.

b) Paragraph 13: the Plaintiffs were not in a position to develop the suit premises despite having incurred substantial costs and expenses.

c) Paragra

































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