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2021 Supreme(Del) 2296

JYOTI SINGH
Aakash Educational Services Pvt Ltd. – Appellant
Versus
Nitin Jain – Respondent


Advocates appeared:
Anunaya Mehta, Advocate, Ashok Gurnani, Advocate

JUDGMENT

Jyoti Singh, J. - This Civil Revision has been preferred under Section 115 CPC assailing the order dated 19.02.2018 vide which the Trial Court in CS No.17455/2016 has held that limitation being a mixed question of fact and law cannot be adjudicated without leading evidence and hence would only be decided after holding trial and has declined to adjudicate the issue of limitation as a preliminary issue. Petitioner herein is Defendant No. 1 in the Suit and Respondent Nos. 1 to 3 are the Plaintiffs and are being referred to by the same status as Defendant and Plaintiffs respectively in the present petition.

2. Brief facts to the extent necessary and relevant for adjudication of the present petition are that Plaintiffs instituted a suit for recovery of a sum of Rs. 2 Crores and @ of Rs. 25 Lacs each day from 23.06.2009 for an alleged damage to their reputation along with pendente lite and future interest @ 18% per annum against the Defendant and Respondent No. 4 herein. Defendant filed the written statement and is contesting the suit. Along with the plaint, Plaintiffs filed copies of Advertisement which were alleged to have been published by the Defendant and are also available o

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