M/S Systems India Pvt. Ltd v. Ch. Aishi Ram Batra Public Charitable Trust and Others

INDERMEET KAUR, J.(Oral)

¶1The impugned judgment is the judgment and decree dated

31.10.2008 vide which the First Appellate Court had reversed the finding of the Trial Judge dated 14.11.2008 thereby dismissing the suit of the plaintiff.

¶2This is a second appeal. On behalf of the appellant, it is pointed out that along with the appeal under Section 96 of the Code of Civil Procedure an application under Section 5 of the Limitation Act, 1963 had also been preferred.

¶3Perusal of the record shows that this application had been filed along with the appeal of which notice had been issued to the respondent vide order dated 1.02.2007. On 29.03.2007, matter had been listed for reply and arguments on the said application for

07.05.2007. On 19.07.2007, at the request of the appellant, the RSA No.253/2008

application under Section 5 of the Limitation Act was directed to be heard along with main appeal.

¶4Further perusal of the record shows that the impugned judgment i.e. the judgment dated 31.10.2008 had decided the appeal without adverting to the application under Section 5 of the Limitation Act. This is evident and apparent from the record which has been requisitioned. This has raised a substantial question of law.

¶5In this view of the matter, it is a fit case where the matter should be remanded back to the First Appellate Court to decide the appeal afresh after adjudicating upon the application under Section 5 of the Limitation Act.

¶6With these directions, this appeal is disposed of.

¶7The matter is accordingly remanded back to the District Judge, Delhi, who will assign it to the concerned first Appellate Court. Parties to appear before Ld.District & Sessions Judge, Tis Hazari Courts, Delhi on 09.11.2010 at 10.30 AM.

¶8Records be also sent back.

¶9Appeal as also the pending application is disposed of.

INDERMEET KAUR, J.

OCTOBER 28, 2010 ss

RSA No.253/2008 *IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment : 28.10.2010 + RSA No. 253/2008 and CM Appl No. 17978/2008 (for stay) M/s SYSTEMS INDIA PVT. LTD. ………..Appellant Through: Mr.P.P.Ahuja, Advocate. Versus Ch.AISHI RAM BATRA PUBLIC CHARITABLE TRUST AND ORS. ……….Respondents Through: Mr. Kartickay Mathur for Mr. Ashok Chhabra, Advocates CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR 1. Whether the Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest?