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2008 Supreme(Del) 1147

REVA KHETRAPAL
SARASWATI KUNJ WELFARE SOCIETY – Appellant
Versus
L. N. GADODIA & SON LTD. – Respondent


Advocates Appeared:
Mr.Harish Malhotra, Sr. Advocate with Mr.N.K.Kantawala and Mr.Priyank Sharma, Advocates.
Mr.Sandeep Sethi, Sr. Advocate with Ms.Ruchi Kohli, Advocate for D-3 & 4. Mr.Sanjay Jain, Sr.Advocate with Mr.Jayant Tripathi, Advocate for D-5.

JUDGMENT

REVA KHETRAPAL, J.

This order shall dispose of the application filed by the defendants No.3 and 4 for rejection of the plaint on the ground that the suit as filed by the plaintiff is barred by limitation; that no cause of action has ever arisen or subsists in favour of the plaintiff; that the plaintiff has no locus standi to file the present suit and that the suit has been grossly under valued by the plaintiff for the purposes of court fees and jurisdiction.

2. The factual matrix as it emerges from a reading of the plaint needs to be set out to appreciate the rival submissions of the parties. The plaintiff is a Society registered with the Registrar of Societies, Delhi vide registration No. S11442 of 1981. The defendant No.1 is a company registered under the Companies Act, 1913. The defendant No.1 M/s. L.N.Gadodia & Sons Ltd. purchased a bungalow together with the land appurtenant thereto, measuring approx. 1.9 acres, situate at 8, Alipur Road, Civil Lines, Delhi vide registered sale deed dated 16.10.1948. After purchase of the said land, the defendant No.1 with an intention to develop a Group Housing Scheme at the aforesaid land, made an application with the defendant No.6









































































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