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Rajhans Construction Pvt vs Unknown

High Court Of Gujarat|27 September, 2013
Heard Mr.Percy C Kavina, learned Senior Advocate with Mr.A.B.Munshi, learned counsel for the petitioners.
It is submitted that the impugned order dated 30-8-2013, below the application at Exh.125 filed by the petitioners for rejection of the plaint, has been passed without taking into consideration the aspect that the averments in the plaint clearly show that the Suit is barred by limitation. It is further submitted that the said order is not in consonance with the principles of law enunciated by the Supreme Court in I.T.C.Ltd. v. Debts Recovery Appellate Tribunal, reported in (1998)2 SCC 70 and a judgment of this Court in K.B.Patel v. N.S.Sorathiya, reported in 2013(1) GLR 51.
Issue notice and notice as to interim relief, returnable on 18-10-2013.
Ad-interim relief in terms of paragraph (16)(C) is granted, till then.
(SMT. ABHILASHA KUMARI, J.) ARG Page 2 of 2
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