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2019 Supreme(Mad) 1483

R.SUBRAMANIAN
A. R. Ravichandran – Appellant
Versus
Magnitude Realtors & Probuild Pvt. Ltd. , Rep. by its Authorised Signatory, V. Senthilkumar – Respondent


Advocates Appeared:
For the Appellant :C. Jagadish, Advocate.
For the Respondent: Abdul Hameed, M/s. AAV Partners, Adv.

Order:

(Prayer: Applications are filed under Order XIV Rule 8 of the Original Side Rules and under Order VII Rule 11(a) and (d) of the Code of Civil Procedure, 1908, praying to (i) reject the plaint in C.S.No.227 of 2018 under Order 7 Rule 11(a) and (d) of the Code of Civil Procedure. (ii) reject the plaint in C.S.No.232 of 2018 under Order 7 Rule 11(a) and (d) of the Code of Civil Procedure.)

1. Both the applications have been filed seeking rejection of the plaints in both the Suits under Order 7 Rule 11 (a) and (d) of the Code of Civil Procedure on the ground that the person who had signed and verified the plaint was not authorised by the plaintiffs by way of Board of Resolution as required under Section 291 of the Companies Act, 1956. It is the further contention of the applicants that the suit in CS No.227 of 2018 is barred by Limitation, inasmuch as the cheque based on dishonour of which the suit came to be filed was issued on 01.02.2015 and was dishonoured even on 02.02.2015. Therefore, the cause of action for filing the suit had arisen even on 02.02.2015 and the suit should have been filed within 3 years from the said date. According to the defendants 1 & 2/applicants, the sui

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