Rajiv Raj vs. Karim Nawaz Alladin

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). 15415/2022

(Arising out of impugned final judgment and order dated 26-04-2022 in CRP No. 606/2022 passed by the High Court For The State Of Telangana At Hyderabad)

RAJIV RAJ & ORS. Petitioner(s)

VERSUS

KARIM NAWAZ ALLADIN & ORS. Respondent(s)

(FOR ADMISSION )

Date : 21-07-2023 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE PANKAJ MITHAL

For Petitioner(s) Mr. Anuj Raj, Adv. Mr. Anish R. Shah, AOR Mr. Rajendra Prasad Maurya, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

Heard Mr. Anuj Raj, learned counsel for the petitioner. The counsel submits that the petitioner had filed the suit No.963/2021 soon after he learnt of the General Power of Attorney executed on 09.03.2006. For this the counsel then refers to the pleadings in Para IV of the plaint to point out that the cause of action for the suit arose on 03.03.2021 when the first defendant while deposing as PW-1 admitted that he is virtually bankrupt and is unable to even pay the stamp duty and the registration charge for the transaction arising out of the General Power of Attorney deed dated 09.03.2006. Thus, the suit Digitally signed by Jayant Kumar Arora Date: 2023.07.22 13:14:46 IST Reason: Signature Not Verified

was filed soon after the cause of action became known to the plaintiffs.

With such projection the counsel submits that the High Court took an erroneous view in allowing the defendants' application under Order 7 Rule 11 of the CPC and holding that OS No.963/2021 is barred by time.

Issue notice.

(DEEPAK JOSHI) (KAMLESH RAWAT) COURT MASTER (SH) ASSISTANT REGISTRAR