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2018 Supreme(Del) 3274

VINOD GOEL
Rajwanti Phogat – Appellant
Versus
Gian Chand Sethi – Respondent


Advocates Appeared:
For the Appellant :Mr. C.S. Parasher, Advocate with Mr. Mohit Kumar, Advocate
For the Respondent:Ms. Savita Malhotra, Advocate with Ms. Suman alhotra, Advocate

ORDER :

1. The impugned order dated 09.03.2018 passed by the court of learned Additional District Judge-03, North District, Rohini Courts, Delhi (“ADJ”) in CS No.57967/2016 titled as “Gian Chand Sethi Vs. Rajwanti Phougat”, allowing the application of the applicants/respondent no.2 and 3, who are the subsequent buyers of the property in question from respondent no.1 in terms of the Sale Deed dated 03.07.2014, is the subject matter of challenge in this appeal filed by the appellant/defendant.

2. Learned counsel for the appellant contends that the trial court should have directed the substituted plaintiffs to prove the execution and registration of alleged Sale Deed in their favour by the original plaintiff. He further submits that the alleged Sale Deed was executed in favour of respondent no.2 and 3 by respondent no.1 on 03.07.2014, which was registered on 04.07.2014 and factum of pendency of the present suit is recited in the said Sale Deed. He urges that the application under Order XXII Rule 10 of the Code of Civil Procedure, 1908 (“CPC”) having been filed on 06.12.2017 is beyond 3 years of limitation as residuary Article 137 of the Limitation Act, 1963 shall apply.

3. Per contra, le

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