DR.D.Y. CHANDRACHUD, J.

This appeal arises out of an order of a Learned Single Judge dated 24 November 2006 by which a Motion for the rejection of a plaint under Order 7 Rule 11(d) of the Code of Civil Procedure, 1908 was made absolute. The motion proceeded on the foundation that the claim of the Plaintiff to the counter claim (the original Defendant to the Suit) was ex-facie barred by limitation.

2. On 27 March 2000, Shri Padmanabh Builders (the original Plaintiff) instituted a suit against Kanayalal Madhavji Thakkar (the original Defendant) inter alia seeking a declaration that the Defendant does not have any right, title or interest in respect of the additional F.S.I. that may be available in respect of the suit properties in excess of 2455 sq.ft. already consumed by the Defendant under an agreement dated 1 October 1989 and that the Defendant does not have any right to sell or enter into any agreement for sale of units beyond 2455 sq.ft. granted under the aforesaid agreement. Injunctive relief was sought against the Defendant from carrying out any further construction and from entering into agreements for sale. The case of the Plaintiff was that the agreement dated 1 O