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2017 Supreme(Del) 4062

VALMIKI J.MEHTA
Veer Bhan – Appellant
Versus
Ramphal – Respondent


Advocates Appeared:
For the Appellants :Mr. Shanul Kadian, Advocate

JUDGMENT :

VALMIKI J. MEHTA, J.

C.M. Appl. 32798/2017 (Exemption)

1. Exemption allowed, subject to all just exceptions.

Application stands disposed of.

RFA No. 774/2017

2. This first appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) by the appellants/plaintiffs in the suit impugning the judgment of the trial court dated 30.05.2017 whereby trial court has rejected the plaint under Order VII Rule 11 CPC as being time barred. Appellants are legal heirs of the original plaintiff, and referenace in this judgment to the plaintiffs will include reference to the original plaintiff.

3. The subject suit was filed by the appellants/plaintiffs seeking declaration of ownership of 1/4th share in the property bearing Khasra No. 108/91, measuring 300 sq. yards situated in extended Lal Dora abadi of village Khera Kalan, Delhi, relief of partition thereof and for cancellation and declaration as void of the registered General Power of Attorney (‘GPA’) and Will dated 09.06.2004 executed by the appellants/plaintiffs with respect to the suit property in favour of the defendant nos





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