JUDGMENT

Rajiv Shakdher, J. - Preface: -

1. This is an application filed under the provisions of Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 [in short "CPC"] by defendant no. 8 i.e. Capital Land Builders Pvt. Ltd. [hereafter referred to as "Company"].

2. The Company seeks rejection of the plaint on the ground that it is barred by limitation and under the provisions of Order II Rule 2 read with Section 11 of the CPC.

3. The controversy both, in the suit and the captioned application, swirls around the ownership of 500 shares, which, the Company allotted to one, Ch. Bhram Prakash [hereafter referred to as "CBP"]. The Company, while not denying that 500 shares were issued to CBP and, thereafter, transferred to the plaintiff i.e. Shaheed Memorial Society [hereafter referred to as "Society"] takes the plea that, thenceforth, theses shares changed hands leaving the Society with no shares to its credit.

3.1 The Society claims otherwise and, hence, the dispute. Via this application, the Company seeks striking out of the suit albeit without a trial based on the legal provisions adverted to hereinabove.

3.2 Thus, the application is pivoted on the purported