ANJU SINGH Vs. KAVITA

JUDGEMENT

(1.) Defendant Anju Singh has invoked jurisdiction of this Court by filing instant revision petition under Article 227 of the Constitution of India impugning order dated 26.04.2011 passed by learned Civil Judge (Junior Division), Sonepat thereby dismissing application moved by defendantpetitioner under Order 7 Rule 11 of the Code of Civil Procedure (in short, 'CPC') for rejection of the plaint on the ground of bar of limitation.

(2.) Respondent-plaintiff Kavita filed suit against defendant-petitioner on 18.07.2007 for permanent injunction alleging that the defendant agreed to sell the suit property to the plaintiff vide agreement dated 15.05.2006 and sale deed was to be executed upto 02.08.2006 which was finally extended up to 02.08.2007. Plaintiff moved application for amendment of plaint on 07.02.2008 to seek the relief of specific performance of the agreement because after filing of the suit, the plaintiff became entitled to claim the said relief.

(3.) The said application was resisted by the defendant. Ultimately the said application was allowed by the trial Court vide order dated 21.08.2010.