K RAJAGOPAL Vs. MS JAYALAKSHMI RAVINDRAN

JUDGEMENT

(1.) THE learned Subordinate Judge, Tirupur, has rejected the plaint, which was unnumbered as C.F.R.No.12761 of 1998, by order dated 10.02.1998, which necessitated the plaintiff to approach this Court by way of this appeal.

(2.) THE suit was filed by the plaintiffs for specific performance of contract on the basis of a registered sale agreement dated 22.04.1992 entered into between the plaintiffs and the defendants in respect of 6 acres 37 cents in S.No.128A in Pedampalli village, Palladam taluk.

(3.) I am of the view that while the trial Court exercising the power under Order 7 Rule 11 of CPC ought not to have rejected the plaint on the ground of bar of limitation. The same view was taken in AIR 1995 Andhra Pradesh 43 (Khaja Quthubullah, Vs. Government of Andhra Pradesh and others), wherein the relevant observation runs as follows:-