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Omji Dawai Wala & Anr. vs. Deeraj Kumar & Ors.

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Code of Civil Procedure, 1908–Order 7, Rule 11(d) & Order 37–Limitation Act, 1963–Arts. 22 & 23–Application for rejection of plaint–Dismissal of–Observation of Court below that whether the money paid was in form of loan or a deposited money, cannot be decided at this stage–Issue of limitation should be considered and decided by framing issue and recording the evidence–Held, no case is made out for interference.