SANDIP GHOSH Vs. SUCHITRA BANERJEE

JUDGEMENT

(1.) This revisional application is directed against the order no. 13 dated 25th June, 2015 passed by the learned Civil Judge (Senior Division), 1st Court, Barasat in Title Suit No. 639 of 2013, by which an application under Order 7, Rule 11 of the Code of Civil Procedure is dismissed.

(2.) In a suit for specific performance of an agreement for sale of the immovable property the defendant/petitioner filed an application under Order 7, Rule 11 of the Code of Civil Procedure for rejection of the plaint, as the reliefs claimed therein is palpably barred by limitation.

(3.) Before proceeding to deal with the said point, this Court feels to remind itself the provisions contained under Art. 54 of the Schedule appended to the Limitation Act, 1963 providing three years period to institute a suit for specific performance of a contract. The time from which the limitation would begin is indicated as the date fixed for performance or when no such date is fixed, when the plaintiff has a notice that the performance is refused.