ABIDA Vs. ABDUL AZEEZ

JUDGEMENT

(1.) Defendants 1 and 3 in an unnumbered suit filed in 2016 before Munsiff-Magistrate, Mannarkkad, have filed this appeal challenging the appellate judgment of Addl. District Judge, Ottapalam dated 14.06.2019 whereby the unnumbered suit was ordered to be registered.

(2.) The first respondent/plaintiff in this appeal filed the suit for a decree of specific performance directing the defendants to register an assignment deed pursuant to the agreement dated 13.08.1997 alleged to have been entered into between parties. At the very inception and before ordering the plaint to be registered the learned Munsiff found the claim of the respondent to be barred by limitation under Art.65 of the Limitation Act, 1963 (for short, 'the Act') and rejected the plaint under Order VII Rule 11 of the Code of Civil Procedure,1908(for short, 'the CPC') by order dated 15.10.2016.

(3.) Being aggrieved by the said order, the first respondent, plaintiff filed A.S.No.73/2016 before the Additional District Court, Ottapalam which set aside the order and directed the learned Munsiff-Magistrate to register the suit. The order dated 14.06.2019 passed by the appellate court is the subject matter of this appeal.