Chandka 1 APP-795-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 795 OF 2010 WITH NOTICE OF MOTION NO. 2074 OF 2010 IN NOTICE OF MOTION NO. 2821 OF 2009 IN SUIT NO. 3091 OF 2008 Mrs. Nalini Vinod Mehta & Ors. ..Appellants versus Shaileja Bistesh Sagar & Ors. ..Respondents Mr. Vishal Kanade with Mr. Satyam M. Shettigar for Appellants. Mr. Janak Dwarkadas, Sr. Advocate with Mr. S. R. Ganoo i/b. Ms. Reena Salunkhe for Respondent Nos. 1 to 6. Mr. Arif Bookwala, Sr. Advocate with Mr. Joaquim Reis, Mr. Mustafa Doctor, Mr. Satyen Vora and Mr. Sarmish Gala i/b. Markand Gandhi & Co. for Respondent Nos. 7 to 25. CORAM : DR. D. Y. CHANDRACHUD & ANOOP V. MOHTA, JJ. 31 January 2011. P.C. : The learned Single Judge has made a Motion under Order VII Rule 11(d) of the Code of Civil Procedure 1908 absolute and has rejected the plaint as against Defendant Nos. 7 to 25 on the ground that the suit is barred by limitation. Order VII Rule 11(d) of the Code of Civil Procedure provides for the rejection of a plaint where the suit appears from the Chandka 2 APP-795-10 statement in the plaint to be barred by any law. Learned Counsel appearing on behalf of the Appellants submitted that the learned Single Judge has ex facie not had regard to the statements of the plaint read as a whole. 2. At the hearing both the learned counsel for the Appellants / Plaintiffs and the learned counsel appearing on behalf of contesting Defendant Nos. 7 to 25 on whose behalf the Motion was taken out stated that the impugned order of the learned Single Judge may be set aside and the proceedings restored back to the file of the learned Single Judge without the expression of any opinion of this Court on the rival contentions in the Motion. Consequently the order of the learned Single Judge dated 19 July 2010 is set aside in terms of the statement made before the Court. Motion No. 2821 of 2009 is restored to the file of the learned Single Judge for fresh disposal. The Appeal is accordingly disposed of. 3. In view of the disposal of the Appeal, Notice of Motion No. 2074 of 2010 does not survive and is disposed of accordingly. (Dr. D. Y. Chandrachud, J.) (Anoop V. Mohta, J.)