ZILE SINGH Vs. AVTAR SINGH

JUDGEMENT

(1.) The challenge in the present revision petition is to the order dated 22.9.2009, whereby an application filed by the plaintiff-petitioner under Section 14 and Section 5 of the Limitation Act, 1963 [for short 'the Act'] for exclusion of the time spent in prosecuting the suit for permanent injunction, was dismissed and as a sequel, the plaint of the suit for specific performance was rejected as barred by limitation.

(2.) The plaintiff has filed the present suit on 11.3.2002 for specific performance of agreement to sell dated 19.3.1990, along with an application under Section 14 read with Section 5 of the Act, to exclude the time spent in prosecuting his earlier suit for permanent injunction. The sale deed in pursuance of such agreement was to be executed on 1.6.1991.

(3.) The plaintiff-petitioner has earlier tiled a suit for permanent injunction on 11.4.1990, before the date fixed for execution of the sale deed in terms of agreement dated 19.3.1990, on the ground that the defendant intends to sell the property to other persons even though he has entered into a agreement for sale with the plaintiff. In the written statement dated 4.9.1990, in the aforesaid suit, an objection was raised that the suit of the plaintiff was not maintainable in its present form. Copy of the said written statement has been produced during the course of hearing. It was on 2.6.2001, the defendant filed an application in the aforesaid suit for permanent injunction that the suit is riot maintainable as it was only suit for specific performance which was maintainable. On the said application, the learned trial court had passed an order on 11.2.2002 (Annexure P-4) rejecting the plaint. Thereafter the present suit has been filed after receipt of the certified copy of the order passed by the learned trial Court.