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2022 Supreme(Raj) 2921

SUDESH BANSAL
Omji Dawai Wala – Appellant
Versus
Shri Deeraj Kumar – Respondent


Advocates Appeared:
Mr. Mod. Ashfaq Khan Ms. Rekha Jain, for the Appellant; Mr. Manoj Bhardwaj Mr. Anil Kumar Upman Mr. Dinesh Kumar Garg, for the Respondent

ORDER

1. In both the revision petitions, the petitioners are same and have raised a common issue that the civil suits for recovery of money filed by the respondent-plaintiffs are barred by law of limitation, hence, both petitions heard together and being decided by this common order. The petitioners moved separate applications under Order 7 Rule 11 (d) of CPC before the trial court in both suits and the trial court has dismissed their application vide order dated 25.06.2021 passed separately in both suits. Hence, petitioners have filed these two revision petitions, assailing the order dated 25.06.2021 invoking of scope of Section 115 of the Code of Civil Procedure.

2. Petitioners have placed on record copy of the amended plaint and receipts acknowledging the deposition of amount by the plaintiffs in the petitioner-firm, which are referred in the plaint. On perusal of plaint, it transpires that plaintiffs have instituted civil suit for recovery of money of Rs. 16,43,050/- and 8,87,167/-as also claiming interest thereupon from the defendants jointly and severely. Defendant No. 1 is a partnership firm and defendant Nos 2 to 4 have been alleged to be its partners, who are petitioners her

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