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2023 Supreme(P&H) 1790

NAMIT KUMAR
Mohini Punani (Smt. ) (now deceased) through her LRs – Appellant
Versus
Sham Lal Chopra (now deceased) through his LRs – Respondent


Advocates appeared:
For the Parties : Mr. Ashwani Talwar, Mr. Amit Jain, Mr. Varun Parkash

Table of Content
1. nature of the suit filed and associated agreements. (Para 2 , 3)
2. legal arguments regarding limitation and applicability of order 7 rule 11. (Para 4 , 10)
3. judicial observations on necessity of trials for deciding limitation issues. (Para 5 , 12)
4. the criteria under order 7 rule 11 cpc regarding cause of action. (Para 6 , 9)

Judgment

Mr. Namit Kumar, J.

Instant revision petition has been filed by the petitioners/defendants impugning the order dated 21.05.2016 passed by the Court of learned Civil Judge (Junior Division), Panipat, whereby their application filed under Order 7 Rule 11 CPC, has been dismissed.

2. Brief facts relevant for the disposal of the present revision petition are that respondents/plaintiffs filed a suit for mandatory injunction directing the defendants to disclose the name of collaborators/vendee and further the present market price fixed/to be fixed of the 14 shops in question (in ratio of entire building) situated at basement of Seema Cinema, Panipat, and also disclose all the terms and conditions settled/to be settled by the defendants with the said collaborators/vendee in compliance to agreement dated 17.07.1997, 11.08.2001, 04.02.2006, 1

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