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IN THE HIGH COURT OF c.R.P. 4s12009
HARBANS LAL
Throush:
DELHI AT NEW DELHI..... Petitioner
Mr. Siddharth Bambha. Advocate
VCTSUS
RUP BASANT ..... Respondent
Through: Mr. Jawahar Chawla, Advocate
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IN THE HIGH COURT OF c.R.P. 4s12009
HARBANS LAL
Throush:
DELHI AT NEW DELHI..... Petitioner
Mr. Siddharth Bambha. Advocate
VCTSUS
RUP BASANT ..... Respondent
Through: Mr. Jawahar Chawla, Advocate
CORAM:
HON'BLE MR. JUSTICE P.K. BHASIN
% 24.05.2011
Today counsel for both the parties agreed that objection regarding limitation raised by the petitioner-defendant can be decided by the learned trial
Court afresh while dealing with that issue which counsel for the respondent- plaintiff says already stands framed in view of the-objection raised in that regard cCJn" t by the petitioner-defendant in his written statemenflY is "also submitted that while disposing of this petition it can be clarified that issue of limitation shall be decided uninfluenced by any observation made by the learned trial Court in the impugned order whereby petitioner's application under Order VII Rule 11 CPC has been rejected and both the parties shall be at liberty to make their respective submissions oh the point of limitation as and when the same is taken up for consideration.
This petition is accordingly, disposed of as not pressed but making it clear that the learned trial Court shall decide the issue of limitation in accordance with law.uninfluenced by any observation made in respect of that aspect in the impugned order dated 20fr November, 2008. t
J
,7
P.K. BHASIN,J
MAY 24,20lllpg
2011:DHC:10091
% 24.05.2011
Today counsel for both the parties agreed that objection regarding limitation raised by the petitioner-defendant can be decided by the learned trial
Court afresh while dealing with that issue which counsel for the respondent- plaintiff says already stands framed in view of the-objection raised in that regard cCJn" t by the petitioner-defendant in his written statemenflY is "also submitted that while disposing of this petition it can be clarified that issue of limitation shall be decided uninfluenced by any observation made by the learned trial Court in the impugned order whereby petitioner's application under Order VII Rule 11 CPC has been rejected and both the parties shall be at liberty to make their respective submissions oh the point of limitation as and when the same is taken up for consideration.
This petition is accordingly, disposed of as not pressed but making it clear that the learned trial Court shall decide the issue of limitation in accordance with law.uninfluenced by any observation made in respect of that aspect in the impugned order dated 20fr November, 2008. t
J
,7
P.K. BHASIN,J
MAY 24,20lllpg
2011:DHC:10091
JUDGMENT