JUDGMENT

Navin Chawla, J. (Oral)

I.A. 12331/2021

1. This application has been filed by the defendant under Order VII rule 11 (a) and (d) of the Code of the Civil Procedure, 1908 praying for the rejection of the plaint, contending that the suit is barred by limitation.

2. The plaintiffs have filed the present suit seeking recovery of a sum of Rs.2,54,73,584/- (Rupees Two Crore Fifty Four Lakhs Seventy Three Thousand Five Hundred and Eighty Four only) alongwith interest of Rs.54,70,888.36/- (Fifty Four Lakh Seventy Thousand Eight Hundred and Eighty Eight and Thirty Six Paise only) from 28.05.2018 to the date of filing of the suit, and further praying for pendente lite and future interest at the rate of 9% per annum from the defendant.

3. It is the case of the plaintiffs that the plaintiff no.1 and defendant are first cousins, the father of the plaintiff no.1 and the father of the defendant being real brothers. The plaintiff no.1 had shifted to the United States of America in the early 1980s and has been residing there for more than 30 years. Since he owned a large number of properties in Delhi, having implicit trust and faith in the defendant due to their relationship, the plaintiff