1. Leave granted.

2. In a suit filed before the Trial Court, the present appellants were the defendants and the application was moved by them under Order VII Rule 11 of the Code of Civil Procedure, 1908, which was dismissed.

3. One of the main grounds was that this case is liable to be dismissed on the grounds of limitation.

4. The Courts have held and, in our view rightly so, that this is a mixed question of law and fact, which has to be decided by the Trial Court.

5. Under these circumstances, the Court has passed a well- reasoned order by dismissing the application of the appellants under Order VII Rule 11 of the CPC. Accordingly, we find no justification to interfere with the orders impugned and the appeal stands dismissed.

6. Pending application(s), if any, shall stand disposed of.

……………………………………………………………………..J. [SUDHANSHU DHULIA]

……………………………………………………………………….J. [PRASANNA B. VARALE]

NEW DELHI;

JANUARY 29, 2024.

Digitally signed by Neetu Khajuria Date: 2024.02.06 10:36:09 IST Reason:

Signature Not Verified ITEM NO.65 COURT NO.17 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8800/2018 (Arising out of impugned final judgment and order dated 12-09-2017 in CR No. 2083/2016 passed by the High Court Of Punjab & Haryana At Chandigarh) BRIJESHWAR SWAROOP & ORS. Petitioner(s) VERSUS ADISH AGGARWAL & ORS. Respondent(s) Date : 29-01-2024 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE PRASANNA BHALACHANDRA VARALE For Petitioner(s) Mr. Satyendra Kumar, AOR Mr. Harikesh Singh, Adv. Mr. Vineet Aggarwal, Adv. Mr. Sandeep Sinhmar, Adv. Mr. Vikram Singh Rawat, Adv. For Respondent(s) M/S. Delhi Law Chambers, AOR Mr. Rajiv Kataria, Adv. Ms. Debjani Das Purkayastha, Adv. Ms. Neelam Saini, Adv. Mr. Abhaya Nath Das, Adv. Mrs. Barnali Basak, Adv. Mr. Abhay Singh, Adv. Ms. Swati Singh, Adv. Mr. S S Bandyopadhyay, Adv. Ms. Beena, Adv. Mr. Manish Kumar, Adv. Mrs. Pragya Bharti, Adv. Mr. N D Kaushik, Adv. Mr. Gulam Rabbani, Adv. Mr. Yogendra Kumar Verma, Adv. Mr. Syed Miran Ahmad, Adv. Mr. Jayanta Bhattacharyya, Adv. Mr. Satish Kumar, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeal is dismissed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(POOJA SHARMA) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)