SANYA ENTERPRISES Vs. RANJEET SINGH

JUDGEMENT

(1.) The instant application has been filed on behalf of defendant No.6 (hereinafter referred to as the 'applicant'), seeking rejection of plaint under Order VII Rule 11 of the Code of Civil Procedure (for short 'the Code").

(2.) It is averred that the reliefs claimed in the plaint are hopelessly time barred. The plaintiff is seeking a decree of specific performance of agreement dtd. 20/11/2006 and a declaration to declare the Sale Deed No.176/2010 dtd. 27/2/2010 as null and void. In alternative a prayer for refund of double the amount of Rs.1,00,88,450.00 has been made. According to the applicant, all the reliefs are time barred as the plaint has been instituted on 19/10/2021. It is claimed that under Article 54 of the Limitation Act, the suit for specific performance of a contract can be filed within three years from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has noticed that performance is refused. It is further submitted that under Article 58 of the Limitation Act, the declaration as sought by the plaintiff could be prayed within three years when the right to sue first accrued to the plaintiff.

(3.) It is further submitted that one of the partners of plaintiff-firm namely Sh. Vivek Bhalla was a witness to execution and registration of Sale Deed dtd. 27/2/2010 and in this view of the matter, the plaintiff cannot plead ignorance about the factum of execution of said sale deed, which was a sufficient notice to the plaintiff of refusal of performance of agreement by the defendants. Thus, the cause of action had arisen in favour of plaintiff to seek all the reliefs, as sought in the present case, on 27/2/2010 and the suit for all such reliefs could be filed within three years commencing w.e.f. 27/2/2010.