BHAGWAN SINGH Vs. NAHAR SINGH

JUDGEMENT

(1.) The plaintiff respondent Nos. 1 and 2 on 29.5.2008 have filed a suit for specific performance of an agreement to sell dated 15.6.1983. Petitioner filed an application under Order 7 Rule 11 C.P.C. alleging that the suit is patently barred by law of limitation.. The application has been rejected by the Courts below.

(2.) The submission of the learned counsel for the petitioner is that the question of limitation is dependent upon the legal proposition and no factual aspects are involved therein and therefore the Courts below are not justified in rejecting the application.

(3.) Learned counsel for respondent Nos. 1 and 2 relies upon a decision of the Supreme Court in Balasaria Construction (P) Limited v. Hanuman Seva Trust and others, 2006 5 SCC 658 and contends that a plaint is not liable to be rejected under Order 7 Rule 11 C.P.C. on the ground of being barred by law of limitation.