HIMANSHU MADANLAL SHAH Vs. B M POOJARI

JUDGEMENT

(1.) Rule. With consent of parties the matter is finally heard. The appellant being aggrieved by the order dated 7.1.2004 passed in Civil Suit No. 211 of 2000 by the learned Civil Judge (S.D.), Baroda, granting the respondent's application under Order VII Rule 11 of the Civil Procedure Code, observing that the suit is barred by limitation and rejecting the plaint, is before this Court with a submission that the Court below had no jurisdiction to grant the application filed under Rule 11 of Order VII because the provisions of Rule 11 were not applicable.

(2.) The short facts necessary for decision of this appeal are that the plaintiff alleged that he entered into an agreement with the defendant for purchase of certain properties. It was alleged that the defendant refused to execute the Sale Deed, as such the plaintiff was required to obtain a decree from the Court for specific performance. It was also alleged in the plaint that the plaintiff had a cause of action in his favour and the suit was maintainable.

(3.) The defendant after notice appeared before the Court and submitted that the alleged agreement entered into was entered in 3.2.1979. There was a flat refusal by the defendant and as the suit wss hopelessly barred by limitation, the plaint deserved to be rejected.