JUDGMENT :

1. In the main suit, i.e., C.S.No.750 of 2009, there is a sole plaintiff and there are three defendants. This Commercial Division is informed by both sides without any dispute or disagreement that the main suit has been dismissed as against second and third defendants. Therefore, Expo Freight Pvt. Ltd. which was first defendant at the time of inception of the main suit has now become sole defendant. Therefore, in this order, 'Expo Freight Pvt. Ltd., Chennai' shall be referred to as 'defendant, for the sake of convenience and clarity.

2. Expo has taken out the instant application under Order VII Rule 11(d) of 'The Code of Civil Procedure, 1908' ('CPC' for brevity) with a prayer to reject the plaint on the ground that it is barred by limitation. To be noted, the core prayer as set out in the Judge's summons reads as follows :

“Why this Honourable should not be pleased to reject the plaint as barred by limitation?”

3. In this application, sole plaintiff has been arrayed as lone respondent. As mentioned supra, as the main suit has been dismissed against defendants 2 and 3, they have not been arrayed as co-respondents in the instant reject plaint application.

4. Sole respondent in