D MOHAN Vs. N KUPPAN ALIAS DURAI

JUDGEMENT

(1.) AGGRIEVED over the order of the learned Principal District Judge, Thiruvallur, made in I. A. No:167 of 2006 in O. S. No. 40 of 2006, this Civil Revision Petition is filed.

(2.) THE brief facts of the case are as follows: the petitioner is the second defendant in the suit. The suit property belongs to the second defendant. On 23. 4. 1995, the second defendant executed a power of attorney in favour of the first defendant to deal with his property. In pursuance of the said power of attorney, the first defendant entered into an agreement of sale with the respondents 1 and 2, the plaintiffs on 15. 7. 1996 by paying Rs. 10 Lakhs as advance. Thereafter, periodical payments to a total amount of Rs. 17,25,000/= have been paid upto 14. 9. 2002. Since the defendants failed to execute the sale deed, the plaintiffs filed the present suit for specific performance.

(3.) THE petitioner has not yet filed his written statement. But he filed an application under Order 7 Rule 11 (d) CPC to reject the Plaint on the following grounds (i) that the plaintiffs earlier filed another suit on 29. 11. 1999 and abandoned the same and therefore the present suit is barred under Order 23 Rule 1 (4) CPC; (ii) the suit is barred by Art. 54 of the Limitation Act. On these two grounds, the petitioner, second defendant wants the Plaint to be rejected.