SATISH KUMAR & ANR. vs M/S BALKRISHAN COMMERCIAL CO. LTD. & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 16th April, 2026 Pronounced on: 30th May, 2026 + CS(OS) 635/2018, I.A. 16961/2018, I.A. 894/2019 & I.A. 32438/2024 SATISH KUMAR & ANR. .....Plaintiffs Through: Mr. Manoj Godara, Advocate versus M/S BALKRISHAN COMMERCIAL CO. LTD. & ANR. .....Defendants Through: Mr. S.C. Singhal, Advocate for D-1 (M:9810061558) Mr. Sukhbir Sheoran, Adv. for Mr. Mukesh Mohan, Advocate for D-2 + CS(OS) 408/2019 ANIL KUMAR AGGARWAL .....Plaintiff Through: Mr. Sukhbir Sheoran, Adv. for Mr. Mukesh Mohan, Advocate versus SATISH KUMAR & OTHERS .....Defendants Through: Mr. Manoj Godara, Advocate Mr. S.C. Singhal, Advocate for D-2 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA 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 Signature Not Verified Digitally Signed CS(OS) 635/2018 & other connected matter Page 1 of 17 By:HARIOM SHARMA Signing Date:30.05.2026 21:59:41 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 24 th August, 2015, which w