MADAN LAL Vs. SANJAY SINGH AND ORS.

JUDGEMENT

(1.) This is defendant's revision petition against the order dated 28.9.2013, dismissing the application of the defendant/petitioner under Order 7 Rule 11 CPC, seeking the dismissal of the suit for possession by specific performance of an agreement to sell of the year 1992. The application was filed on the ground that there is delay of 20 years in filing of the suit for specific performance, as such, the suit should be dismissed being not maintainable being barred by law, in view of the provisions of Order 7 Rule 11(d) CPC, Learned counsel for the petitioner has submitted that under Section 3 of the Limitation Act, 1961, the plea of limitation is to be considered by the Court even if no plea is taken. He has also placed reliance on a judgment of this Court in "Sardar Singh v. Jaswinder Singh, 2011 162 PunLR 298" in support of his contention that suit patently barred by limitation can be rejected under Order 7 Rule 11 CPC.

(2.) Learned counsel for the petitioner has also argued that a similar suit for specific performance has earlier been filed by the plaintiff/respondent but the same was withdrawn on the basis of some settlement, which was challenged by the plaintiff before the trial Court, Appellate Court, High Court as well as before the Supreme Court but the Supreme Court had only given liberty to the plaintiff/respondent to seek recovery of the earnest money.. He has submitted that at the most a suit for recovery could have been filed by the plaintiff/respondent, which was also, according to counsel for the petitioner, not maintainable.

(3.) Learned counsel for respondent No. 1 has submitted that liberty has been given to the plaintiff/respondent to file a suit for recovery or to claim any other relief on the basis of compromise, which was otherwise legally permissible.