ANGOORI DEVI Vs. M B TIWARI

JUDGEMENT

(1.) THIS is a regular second appeal filed by the appellant against order dated 7th November, 2014, by virtue of which, the order of the Civil Judge, rejecting the plaint of the plaintiff -appellant under Order VII Rule 11 CPC has been upheld.

(2.) I have heard Mr.Devraj Singh, the learned counsel for the appellant. It has been contended by the learned counsel for the appellant that the suit of the plaintiff -appellant for possession and permanent injunction has been rejected by the learned Civil Judge as well as the learned Appellate Court erroneously by taking the period of limitation not from the date, when the respondent tried to register the agreement to sell dated 22.12.2003 and the subsequent agreement dated 7/9.09.2005.

(3.) IT is contented since the respondent -plaintiff sought to register the agreement only some time on 10.01.2011 that is the day when 'cause of action' accrues to him and, accordingly, the plaint was within limitation. For this purpose, the learned counsel has placed reliance on two judgments Rukhmabai Vs. Laxminarayan and Ors., 1960 AIR(SC) 335 and Nanak Chand and Ors. Vs. Raja Rakesh and Ors., 2012 191 DLT 454.