1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2572 OF 2008 IN SUIT NO.1074 OF 2007 Usha M. Gohany ....Plaintiff V/s. Kishore T. Idnani & Ors. ....Defendants Mr.Prem S. Gidwani for the Plaintiff. Mr.S.G. Mahamuni for Defendant No.1. Mr.S.M. Gorwadkar i/b Mr.D.P. Thakre for Defendant No.2. CORAM : S.J. VAZIFDAR, J. DATE : 18TH DECEMBER, 2009. P.C. :- 1. This Notice of Motion has been taken out by Defendant No.2 for an order rejecting the plaint under Order 7 Rule 11 of the Code of Civil Procedure. It is contended that the plaint on the face of it is barred by limitation. 2. The suit is filed for a declaration that an alleged agreement dated 16.1.1996 and the alleged power of attorney dated 5.1.1996 are forged documents and therefore are null and void and for cancellation thereof. 3. The Plaintiff has in paragraph 21 of the plaint expressly stated that she came to know for the first in June,2006 about the said documents. 2 The mere fact that the Plaintiff may have suspected any mala-fide on the part of the Defendants generally earlier would not necessarily impute the notice to the Plaintiff of the said documents which are now sought to be cancelled. 4. In the circumstances, it cannot be stated that the plaint on the basis of it is barred by limitation. The Notice of Motion is therefore dismissed.