PRADEEP NANDRAJOG
KANWAL KISHORE MANCHANDA – Appellant
Versus
S. D. TECHNICAL SERVICES PVT. LTD. – Respondent
( 1 ) PRESENT order disposes of IA No. 956/2004 filed by the plaintiffs against the defendant invoking provisions of Order 12 Rule 6 of the Code of Civil Procedure as also IA No. 4174/2004 filed by the defendant invoking provisions of Order 7 Rule 11 of the Code of Civil Procedure.
( 2 ) SINCE survival of the suit in this court would be a condition precedent for deciding under Order 12 Rule 6, it would be advisable to first dispose of defendants application under Order 7 Rule 11 of the Code of Civil Procedure.
( 3 ) AS per IA No. 4174/2004, it is stated by the defendant that the suit merits rejection for the reasons:-
6. THAT it is borne out from a plain perusal of the averments in the plaint that the Plaintiffs are seeking both the above mentioned reliefs i. e. recovery of rs. 20,00,500/- and mandatory injunction directing commanding and requiring the defendant to discharge all claims and demands of Delhi Vidyut Board and its successor BSES Rajdhani Power Ltd. in respect of electricity connection K. No. 521706 and K. No. 5204836 which admittedly pertain to the period prior to 1991 and both the reliefs are clearly beyond the period of limitation as prescribed
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