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2014 Supreme(Del) 71

HIMA KOHLI
Sushil Goel – Appellant
Versus
N. K. Goel – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. Shiv Charan Garg and Mr. Imran Khan, Advocates
For Respondents/Defendant:Mr. Rajiv Kanwar, Advocate

ORDER

Hima Kohli, J.

1. The appellant/plaintiff has instituted the present appeal against the judgment dated 4.3.2013 passed by the learned ADJ in a suit for recovery of Rs. 8,00,300/- along with interest instituted against the respondent/defendant. After pleadings were completed, four issues were framed on 7.2.2006, including an issue with regard to the suit being barred by limitation in respect whereof, onus had been placed on the appellant/plaintiff. Thereafter, evidence was adduced by the parties and finally, arguments were addressed. While passing the impugned judgment, the trial Court decided issue No. 1 against the appellant/plaintiff and held that the suit instituted by him was barred by limitation. Thereafter, the trial Court observed that it need not detain itself with regard to the remaining issue Nos. 2 and 3, namely, whether the appellant/plaintiff was entitled to recover the amount claimed by him from the respondent/defendant and if so, whether, he is entitled to interest from the respondent/defendant and for what period, on the ground that issue No. 1 had been decided against the plaintiff. As a result, the suit was dismissed as being barred by limitation without any f








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