NEMURI LAKSHMINARAYANA Vs. K. PUSHPALATHA

JUDGEMENT

(1.) The 1st respondent filed O.S. No.546 of 2009 in the Court of the VII Additional Senior Civil Judge, Ranga Reddy District, for the relief of specific performance of an oral agreement of sale said to have been made on 05-08-2003 in respect of the suit schedule property. The petitioner figured as defendant No.2 and the 2nd respondent as 1st defendant. The petitioner filed I.A. No.114 of 2010 under Rule - 11 of Order VII - CPC with a prayer to reject the plaint. He pleaded that even according to the 1st respondent, the date of agreement is 05-08-2003 and the suit filed in the year 2009 is clearly barred by limitation. The application was opposed by the 1st respondent. According to her, the limitation started from the date on which the petitioner refused to perform his part of contract and such refusal came be expressed when he got issued a notice, dated 10-05-2008. The trial Court dismissed the I.A. through order, dated 24- 10-2011 Hence, this revision.

(2.) Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent.

(3.) The suit filed by the 1st respondent is the one for specific performance of an agreement of sale, may be oral in nature. The petitioner, who figured as 2nd defendant wanted the plaint to be rejected on the ground that the suit is barred by limitation and that it does not disclose the cause of action.