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BHARAT P. DESHPANDE
Dilip Vasant Shetye – Appellant
Versus
Angela P. Oliveira – Respondent


Advocates Appeared:
Shri I. Agha, Ms. V. Fernandes and Mr. Ketan Morajkar, Advocates for the Applicants., for the Appellant; Ms. Asha Desai with Ms. N. Volvoikar, Advocates for Respondent Nos.1 to 9 and 13 to 16, for the Respondent

JUDGMENT

1. The applicants herein are the original defendant Nos.1 and 2 in Regular Civil Suit No.34/2015/D. Respondent Nos.1 to 9 are the original plaintiffs. Respondent Nos.10 to 16 are the remaining defendants.

2. By way of revision, the applicants are challenging the impugned order dated 08/01/2016 whereby their application filed at Exh.26 under Order VII Rule 11 (d) of CPC came to be rejected.

3. Heard learned Counsel Shri I. Agha appearing for the applicants and the learned Counsel Ms. Asha Desai appearing for respondent Nos.1 to 9 and 13 to 16. The only aspect which requires consideration is whether the cause of action as shown in the plaint is illusory only to bring other reliefs which were already time-barred.

4. The learned Counsel Shri Agha, strenuously urged that on a plain reading of the plaint along with documents relied upon by the plaintiffs, shows that the suit filed for injunction and declaration is clearly barred by law of limitation. In this respect he submitted that the learned Trial Court in the impugned order though accepted that the prayers regarding declaration are time-barred, however, observed that the plaint cannot be rejected in part as plaint discloses a c

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