$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010357182026 + C.R.P. 222/2026 & CM APPL. 51293/2026 EX SGT R C SINGH (REFERRED TO AS EX LAC R C SINGH IN TRIAL COURT) .....Petitioner Through: Petitioner in-person. versus AIR FORCE GROUP INSURANCE SOCIETY .....Respondent Through: Mr. J.S. Arora, Advocate CORAM: HON'BLE MR. JUSTICE ANISH DAYAL O R D E R % 06.08.2026 1. This petition has been filed by petitioner/defendant challenging the order dated 13th April 2026 passed by the Trial Court dismissing the application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (‘CPC’). 2. The suit in question being CS No. 421/2022 was filed by respondent/plaintiff society seeking recovery of Rs. 11,73,710/- along with interest from the petitioner/defendant. 3. The petitioner/defendant had been employed in the Indian Air Force and had approached the respondent/plaintiff society for financial assistance of Rs. 18,00,000/- for the construction of a residential house. The said request was sanctioned, and the amount was disbursed, to be repaid in 174 EMIs of Rs. 18,030/- per month at an interest rate of 8.5%. This is a digitally signed order. 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 14/08/2026 at 12:12:20 4. Respondent/ plaintiff states that in the event of termination, discharge or dismissal from the Indian Air Force, defendant was liable to pay the entire outstanding amount as lump sum to respondent/ plaintiff 5. Petitioner/defendant was dismissed from service in the Indian Air Force on 06th June 2019 and the outstanding amount of Rs. 12,93,312/- remained pending. 6. Subsequently, an amount of Rs. 3,65,479/- was adjusted from the survival benefit account of petitioner/defendant, leaving an outstanding amount of Rs. 9,27,833/-. Despite repeated demands, the petitioner/defendant failed to repay the amount, necessitating the filing of the suit. 7. The cause of action arose on 06th June 2019, the suit was filed in September 2022. An issue regarding limitation was raised in the application under Order VII Rule 11 CPC. However, respondent/plaintiff claimed the benefit of the exclusion of the Covid period in terms of the directions issued by the Supreme Court In Re: Cognizance for Extension of Limitation, Suo Motu Writ Petition (Civil) No. 3 of 2020. 8. Counsel for respondent/plaintiff appears on advance notice and submits that the respondent/plaintiff is entitled to the benefit of the exclusion of the limitation period and, therefore, the plea that the suit is barred by limitation does not arise. 9. Petitioner in-person, have relied upon on the Judgment of the Supreme Court in M/s Shanti Conductors (P) Ltd. & Anr. v. Assam State This is a digitally signed order. 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 14/08/2026 at 12:12:20 Electricity Board & Ors, (2020) 2 SCC 677 and Dahiben v. Arvindbhai Kalyanji Bhanusali (Gajra) (Dead) through LRs & Ors, (2020) 7 SCC 366. 10. However, these decisions merely reiterate the settled legal position that, while deciding an application under Order VII Rule 11 CPC, the plaint alone has to be considered. The observations made by this Court hereinabove are in that context only. 11. Petitioner in-person also states that he had not given his consent for his survival benefits to be adjusted in Air Force Group Insurance Society (‘AFGIS’). However that is an issue to be decided on merits. 12. Even otherwise, the Trial Court dismissed the application under Order VII Rule 11 CPC on the ground that the issue of limitation is a mixed question of law and fact. 13. The petitioner's case, therefore, is unmerited. Subject to the Trial Court deciding the issue in light of the Covid-related extensions of limitation granted by the Supreme Court, the plea that the suit is barred by limitation may not survive. However, since the issue is pending before the Trial Court, this Court has not given any conclusive observation or returning any finding in this regard. 14. The petition is, therefore, dismissed. Pending applications (if any) are rendered infructuous. 15. Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 6, 2026/RK/zb This is a digitally signed order. 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 14/08/2026 at 12:12:20