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2023 Supreme(Del) 4742

NAVIN CHAWLA
Vipin Kumar Manaktala – Appellant
Versus
Vinod Kumar – Respondent


Advocates appeared:
Mr.Ashish Dholakia, Senior Advocate with Mr.Ritesh Choudhary, Advocate, for the Plaintiff.
Mr.B.K. Sood & Mr.Harish Gaur, Advocates for LRs. Of D-1, D-2, D-3. & D-7.
Mr.Harish Malhotra, Senior Advocate with Mr.Rajender Agarwal, Advocate for D-4.
Mr.A.K. Chhabra, Advocate for D-5(a), (b), (c).

JUDGMENT

Navin Chawla, J.

I.As. 2852/2021, 2881/2021 and 3400/2021

1. These applications have been filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as the `CPC') by the defendant no.4, the defendant nos.1, 2, 3 and 7, and the defendant nos.5(a), 5(b), and 5(c), respectively, praying for the rejection of the plaint.

2. The grounds urged in support of the above applications are that:

a) The suit is barred under Order XXIII Rule 3A of the CPC, as a suit challenging a decree based on a compromise is not maintainable; and

b) the present suit is barred by limitation.

3. To appreciate the above grounds, it is necessary to first consider the pleadings of the plaintiff in the plaint.

4. It is the case of the plaintiff that the plaintiff, the defendant no.1, defendant no.2, and the defendant no.3 are the real brothers and are co- owners of the ancestral property bearing no.39, Rama Road, Industrial Area Scheme, Najafgarh Road, New Delhi, having an area of 3925.6 meters (hereinafter referred to as the `Suit Property').

5. It is claimed that the father of the plaintiff- late Mr.Satya Pal had three brothers, which included Mr.Tilak Raj, the father of

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