HARJINDER SINGH Vs. SUKHJINDER SINGH

JUDGEMENT

(1.) Present petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 10.01.2020 (P-1), passed by learned Civil Judge (Jr. Divn.), Ludhiana, whereby the application under Order 7 Rule 11 (d) of the Code of Civil Procedure of the petitioner/defendant No.1 for rejection of the plaint was dismissed.

(2.) It is contended by learned Counsel for the petitioner that respondent No.1/plaintiff-Sukhjinder Singh filed a suit for declaration on 04.06.2019 while challenging two Sale Deeds dated 25.06.2015 along with the earlier order dated 06.06.2014, sanctioning mutation by the Assistant Collector 1st Grade, Ludhiana regarding the plot in question measuring 243 sq. yds., thus, the suit was barred by limitation, but despite that, learned trial Court has wrongly dismissed the application while passing the impugned order. Reliance is placed upon the judgment of the Hon'ble Supreme Court, titled as Raghwendra Sharan Singh Versus Ram Prasanna Singh (Dead) by LRs , 2019 AIR(SC) 1430 in support of his contention that when a suit is filed by the party after a period of three years, then the same is liable to be rejected outrightly. Also contended that both the Sale Deeds are registered documents, therefore, respondent No.1/plaintiff was having the constructive notice of the same and thus, he cannot take the benefit of the assertions made in the plaint on the ground that the Sale Deeds under challenge were not in his knowledge.

(3.) Heard learned Counsel for the petitioner and perused the paperbook.