JUDGMENT

amit Bansal, J. - I.a. 5248/2021 (of the defendant no.3 u/O-VII R-11 of the CPC)

1. By this order, I shall decide the application filed on behalf of the defendant No.3 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) seeking dismissal of the present suit. The main ground taken in the present application is that the suit is barred by limitation.

2. Notice was issued in this application on 12th april, 2021.

3. Pursuant thereto, a reply has been filed on behalf of the plaintiff and rejoinder thereto has been filed on behalf of the defendant No.3.

4. The suit was filed in December, 2020 by the plaintiff seeking, inter alia, recovery of purchase consideration to the tune of Rs.19,06,38,188/-, from the defendants on account of the defendant No.1 transferring 12 Bighas 1 Biswa of land to the plaintiff vide registered Sale Deed dated 4th September, 2006, out of which land, 5 Bigha 6 Biswas was with defective title.

5. The facts as pleaded in the plaint are reproduced as follows:

(i) The defendant No.1 is a Company, of which the defendant No.3 is a director. The defendant No.2 ceased to be a director of the defendant No.1 w.e.f. 28th January, 2020 and Mrs. Ramesh Kumari