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2016 Supreme(Del) 2098

RAJIV SAHAI ENDLAW
KAMLESH SHERAWAT – Appellant
Versus
LALJI PATEL – Respondent


Advocates Appeared:
Mr. Raghav Kapoor, Adv.

JUDGMENT :

RAJIV SAHAI ENDLAW, J.

1. This first appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree dated 8th January, 2016 of the Court of Additional District Judge (ADJ)-03, Patiala House Court, New Delhi in CS No.240/2014 filed by the appellants/plaintiffs for “recovery of damages/compensation and litigation expenses on account of defamation” in the sum of Rs.5 lakhs, consequent to rejection of the plaint under Order 7 Rule 11 of CPC, on the ground of the relief claimed therein being barred by time.

2. The appeal came up before this Court first on 10th May, 2016, when the counsel for the appellants/plaintiffs appearing on the second call sought adjournment contending that he had as annexure to the memorandum of appeal filed a copy of the plaint as originally filed and not the amended plaint.

3. On the next date of hearing i.e. 12th May, 2016, though the counsel for the appellants/plaintiffs had filed the copy of the amended plaint but had not filed certain other documents. Owing thereto, the matter was posted for today and the Trial Court record requisitioned.

4. The learned ADJ has rejected the plaint holding that the suit had been file























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