1. Allowed subject to just exceptions. RFA 867/2015

2. This is an appeal filed against the impugned judgment and order dated 24.09.2015. The trial court has, by virtue of the impugned judgment and order, allowed the respondent/defendant’s application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (in short the CPC).

2.1 The short ground on which the trial court has allowed the aforementioned application is that the limitation period prescribed under Article 75 of the Limitation Act, 1963 (in short the 1963 Act) had expired.

2.2 To be noted, the appellant / plaintiff had filed a suit for defamation against the respondent/ defendant. The suit for defamation was based on the respondent / defendant’s letters dated 08.06.2013 and 12.07.2013 addressed to the one, Mr. Vinay Kaushik, who was appointed, at the relevant point in time, as the Returning Officer. According to the appellant / plaintiff, the assertions made in the said letters were defamatory.

2.3 The suit in this case, based on the contents of the aforementioned letters of the respondent/ defendant, was instituted on 05.03.2015.

2.4 It is not disputed before me by the learned counsel for the appellant / plaintiff,