SUNIL TAXAK Vs. HARJOT SINGH

JUDGEMENT

(1.) In this second appeal, the defendant assails the correctness of the First Appellate Court's order remitting the matter back to the Trial Court for deciding the case on merits after granting an opportunity to the parties to lead evidence. In fact, the Trial Court rejected the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") on the ground that the suit was filed beyond the period of limitation. The First Appellate Court has reversed the aforesaid order while directing the Trial Court to decide the case on merits.

(2.) The learned counsel representing the appellant submits that as per the agreement, the sale deed was to be executed on 10/12/2005, whereas the suit was filed on 10/12/2008. He, hence, submits that the suit as filed was beyond the period of limitation.

(3.) Clause 4 of the agreement to sell, as extracted by the First Appellate Court, reads as under:-