PRAJAPATI RAMESHKUMAR BHAGWANDAS Vs. THAKORE JUGAJI MALAJI

JUDGEMENT

(1.) The present Civil Revision Application is filed under Section 115 of the Code of Civil Procedure, for challenging the legality and validity of an order dated 18/19.1.2019 passed below Exh.63 in Regular Civil Suit No.19 of 2013.

(2.) The case of the applicants - original defendants is that based upon agreement to sell which is merely signed by the father, who died in 2007, a suit came to be filed based upon said agreement to sell which is neither registered nor adequately stamped and there appears to be a fraudulent transaction, pursuant to the said agreement to sell.

(3.) It has been submitted that the suit which has been filed in the year 2013 is hopelessly time barred. As a result of this, for want of cause of action as well as for the reason that the suit is time barred and not filed within a period of 3 years, an application under Order 7 Rule 11(a) and (d) of the CPC came to be submitted. It has also been submitted that the agreement to sell has also not been registered, as a result of this no specific performance is possible for claiming out of said agreement and hence, the Order 7 Rule 11(d) application ought to have been considered by the court below. It has further been the case of the applicants that this is nothing but a classic example of clever drafting just with a view to bring the suit within a period of limitation. Since the learned Judge has not considered the claim and rejected the application, said order is made the subject matter of present Civil Revision Application.