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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 3460 of 2000

PETITIONER:

Popat and Kotecha Property

RESPONDENT:

State Bank of India Staff Association

DATE OF JUDGMENT: 29/08/2005

BENCH:

ARIJIT PASAYAT & H.K. SEMA

JUDGMENT:

J U D G M E N T

ARIJIT PASAYAT, J.

Appellant calls in question legality of the judgment

rendered by a Division Bench of the Calcutta High Court

holding that the plaint filed by the appellant was to be

rejected in terms of Order VII Rule 11 (d) of the Code of

Civil Procedure, 1908 (in short the ’CPC’) as the suit was

barred by limitation. The order passed by learned Single

Judge holding that said provision was not applicable to the

facts of the case was set aside.

Factual position in a nutshell is as follows:

Appellant and respondent entered into an agreement on

19th January, 1983 whereby the appellant agreed to build and

develop the property owned by the respondent-Association. A

detailed agreement was accordingly executed on 19th January,

1983 which, inter alia, provided for regulating relationship

between the parties. Para 13 of the agreement st