Disposed¶18

Rabi Ghosh v. Jayanta Kumar Ghosh

Delhi HC3 Sept 2025CM(M)/2411/2024

Case brief

AI extract

What is this about?

Delhi High Court order dated 03.09.2025 in CM(M) 2411/2024 & CM APPL. 24348/2024, Rabi Ghosh v. Jayanta Kumar Ghosh (Manoj Jain, J.). Keywords: Order VII Rule 11 CPC; rejection of plaint; limitation; suit barred by limitation; petition not pressed; trial concluded; final arguments stage; issue framed on limitation; rights and contentions reserved; Trial Court order dated 27.10.2023; videoconferencing appearance. Disposition: petition disposed of as not pressed; no merits adjudication; no costs or quantum.

What did the court decide?

Petition disposed of as not pressed; Trial Court to decide the framed issue of limitation on the evidence uninfluenced by its own order dated 27.10.2023; all rights and contentions of the parties reserved. ¶18

Rabi Ghosh Vs Jayanta Kumar Ghosh — Delhi HC (2025) — LawSathi Research

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$~33

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CM(M) 2411/2024 & CM APPL. 24348/2024 RABI GHOSH .....Petitioner

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Through: Mr. Mritunjay Kr. Singh, Mr. Rajnish Ratnakar and Mr. Saikat Khatua, Advocates

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versus

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JAYANTA KUMAR GHOSH .....Respondent Through: Mr. Harsh Gupta and Ms. Shivanjali Gaur, Advocates

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CORAM: HON'BLE MR. JUSTICE MANOJ JAIN

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O R D E R % 03.09.2025

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Petitioner herein is defendant before the learned Trial Court and has, primarily, challenged dismissal of his application moved under Order VII Rule 11 CPC. According to learned counsel for the petitioner, suit in question is barred by limitation and such aspect could have been easily decided on the basis of averments appearing in the suit.

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However, it is apprised that the trial is already over and case is at the stage of final arguments.

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After hearing some arguments, Mr. Mritunjay Kr. Singh, learned counsel for the petitioner submits that since there is already an issue framed by the learned Trial Court with respect to limitation, without prejudice to his rights and contentions, he would not press the present petition provided it is clarified that the answer to the aforesaid issue of limitation would be without

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CM(M) 2411/2024 1

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/09/2025 at 12:04:08

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being influenced by the observations appearing in impugned order dated 27.10.2023.

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Mr. Harsh Gupta, learned counsel for respondent has also joined the proceedings through videoconferencing and he has no objection to the aforesaid submission. He, however, supplements that in any event, suit is within limitation.

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Be that as it may, in view of the above, the present petition is hereby disposed of as not pressed.

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All rights and contentions of the parties are reserved.

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Learned Trial Court, while adjudicating the suit finally, would decide the issue of limitation in terms of evidence led by the parties, without being influenced by its own order dated 27.10.2023.

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MANOJ JAIN, J

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SEPTEMBER 3, 2025/ dr/js

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CM(M) 2411/2024 2

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/09/2025 at 12:04:08

Rabi Ghosh v. Jayanta Kumar Ghosh

Case brief

What is this about?

What did the court decide?

Rabi Ghosh v. Jayanta Kumar Ghosh

Case brief

What is this about?

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What the court decided

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