JUDGMENT

MINI PUSHKARNA, J.

I.A. 894/2019 in CS(OS) 635/2018

1. The present application has been filed by defendant no. 1 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (“CPC”), read with Article 53 of the Limitation Act, 1963 (“Limitation Act”), seeking rejection of the plaint on the ground that the suit is barred by limitation.

2. The suit in question, i.e., CS(OS) 635/2018 has been filed for recovery, declaration/cancellation and permanent injunction in relation to the Sale Deed dated 28th December, 2016 (“Sale Deed”), which pertains to the land comprising in Kh. No. 3/13 (4-16) and 3/14/1 (2-13), measuring 7 Bighas 9 Biswas, situated in the Revenue Estate of Village Dichaun Kalan, Delhi.

3. It is the case of defendant no. 1 that the suit is hopelessly barred by time as the plaintiffs themselves have made a case in their plaint that they were entitled to receive an alleged cash amount on 24th August, 2015, which was to be paid by defendant no. 1. Therefore, cause of action, if any, arose between the parties on the said date, i.e., 24th August, 2015, and as the present suit has been filed on 29th November, 2018, i.e., beyond a period of three years, the suit is liab