RAMESH CHANDER GUPTA Vs. SUNITA SETIA

JUDGEMENT

(1.) Instant petition under Article 227 of the Constitution of India has been filed for quashing the order dated 23.08.2013 passed by learned Additional Civil Judge (Senior Division), Ganaur, District Sonepat, whereby the application moved by the petitioner under Order 7 Rule 11 (e) CPC has been dismissed.

(2.) Brief facts of the case are that respondent/plaintiff filed a suit for specific performance on the basis of agreement to sell as well as for permanent injunction. In the said suit, petitioner/defendant filed an application under Order 7 Rule 11(e) CPC for rejection of the plaint being barred by limitation alleging that agreement to sell was dated 02.02.2009 and sale deed was to be executed by 30.05.2009. The suit could, therefore, be filed by 29.05.2012. Since the suit was filed on 02.06.2012, it was time barred. Learned trial court dismissed the said application vide impugned order on the ground that on 17.06.2009 the petitioner accepted an amount of Rs. 8,00,000/- towards the agreement and issued a receipt thereof impliedly extending the time for execution of sale deed. Hence this revision petition.

(3.) I have heard learned counsel for the petitioner and perused the record.