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2013 Supreme(Del) 1532

RAJIV SAHAI ENDLAW
Raghubir Kumar Dhawan – Appellant
Versus
Swift Motors (P) Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Prag Chawla, Advocate.
For the Respondents: None.

Judgment :

Rajiv Sahai Endlaw, J.

1. The appeal impugns the judgment and decree dated 11th April, 2013 of the Court of the Addl. District Judge-15 (Central) Delhi of dismissal of CS No.48/2012 filed by the appellant for recovery of Rs.6,50,000/-with interest, on the ground of the relief claimed therein being barred by time as well as on the ground of suit being barred by Order II Rule 2 of the CPC.

2. The appeal came up for hearing first on 29th October, 2013 when after hearing the counsel for the appellant/plaintiff it was prima facie observed that there was no infirmity in the impugned judgment and decree. On request of the counsel for the appellant/plaintiff the appeal was adjourned to today and the Trial Court record requisitioned. Even though this is a first appeal which is ordinarily required to be admitted and thereafter heard, considering the nature of the controversy and the ground on which the suit filed by the appellant/plaintiff has been dismissed, it was felt that no purpose would be served in unnecessarily admitting the same and keeping the same pending. The counsel for the appellant/plaintiff has today been heard further. Even though the appeal is accompanied with an




























































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