- (1.) Heard learned counsel for the appellants on point of admission of second appeal and perused the records.
(2.) Original Suit No. 52/2014, Gyan Kunj Construction Pvt. Ltd. vs. Kallu and others, was filed for the relief of declaration and cancellation of deed, which is mentioned in paragraph 23 of the plaint. The description of cause of action for the suit is mentioned in paras 17 and 21 of the plaint. Paragraphs 17, 21 and 23 of the plaint are reproduced as under:-
(3.) In original suit, defendants moved application 79-C2 under Order VII, Rule 11 CPC read with Section 151 CPC. In this application, defendants mentioned that first cause of action arose on 2.8.2005 when sale deed in question was executed in favour of plaintiff, therefore, present Original Suit No. 52/2014 instituted after about 9 years of arising of said cause of action is barred by limitation, because limitation for the relief sought is only three years. On these grounds, it is stated that plaint be rejected under Order VII, Rule 11 CPC.;