JUDGMENT :

CHANDRA DHARI SINGH, J.

I.A. 4395/2022 (u/O-VII R-11 of CPC)

1. The instant application has been filed under Order VII Rule 11 of the Civil Procedure Code, 1908 (hereinafter referred to as “CPC”) on behalf of the applicant/defendant seeking the following reliefs:

“In the circumstance, it is most humbly and respectfully prayed that the present suit of the plaintiff may kindly be dismissed under the provisions of order 7 rule 11 CPC for inter alia being barred by limitation as well as for lack of cause of action.

Any further order or direction as this Hon'ble court may deem fit and proper may kindly also be passed in the facts and circumstances of the case.”

FACTUAL MATRIX

2. The plaintiff has filed the captioned suit for recovery of an amount of Rs. 7,48,14,740/- (Rupees Seven Crores Forty Eight Lakhs Fourteen Thousand Seven Hundred and Forty only).

3. The plaintiff is engaged in the business of development, purchase and selling of real estate and the defendant company incorporated on 8th March, 1978 is engaged in the business of promoting, building, constructing, etc. having its registered office at 131, Ground Floor, World Trade Centre, Babar Road, New Delhi - 110001.

4. The gen