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2026 Supreme(Del) 199

IN THE HIGH COURT OF DELHI AT NEW DELHI
MINI PUSHKARNA
Jia Lal Kishori Lal Private Limited – Appellant
Versus
Municipal Corporation Of Delhi – Respondent


Advocates Appeared:
For the Plaintiff :Mr. Pradeep Dhingra, Advocate along with Mr. Kunal Mehra.
For the Defendants : Mr. Vikas Chopra, SC-MCD with Mr. Neeraj Kumar, Adv.

JUDGMENT :

MINI PUSHKARNA, J.

I.A. 9391/2025 (Application under Order VII Rule 11 read with Section 151 of Code of Civil Procedure, 1908)

1. The present application has been filed on behalf of the defendants seeking rejection of the plaint under Order VII Rule 11 (d) of Code of Civil Procedure, 1908 (“CPC”), on the ground that the suit is not maintainable for being barred by limitation.

2. It is the case of the defendants that the 16th running bill for Rs. 4,99,82,236/- dated 04th July, 2014 raised by the plaintiff, has already been rejected by the defendants vide letter dated 09th October, 2014. Thus, all the legitimate dues of the plaintiff for the work done under the Agreement dated 20th July, 2007 for “Const. of Road under Bridge at Level X-ING in Vivek Vihar I.T.I”, has already been paid by the defendants. The cause of action, if any, arose last on 09th October, 2014, when the defendants rejected the claim of the plaintiff.

3. As per the defendants, the plaintiff failed to take any legal action for more than seven years, and in order to circumvent the limitation period, the plaintiff has artificially created a cause of action on the basis of a fictitious and self-serving bill dat

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