RAJENDRA SINGH Vs. NAINI GOPAL MAHAJAN

JUDGEMENT

(1.) THIS civil revision has been filed by the plaintiffs -petitioners challenging order dated 24.11.2005 by which the learned Subordinate Judge, 2, Hilsa (Nalanda) allowed petition dated 18.11.2002 filed by defendants no. 2 and 3 series -opposite parties and dismissed Title Suit No. 54 of 1998 on the preliminary issues of limitation and res judicata.

(2.) THE -aforesaid suit was filed on 26.6.1998 (Annexure -6) by the plaintiffspetitioners against the defendants - opposite parties for specific performance of agreement dated 25.2.1984 executed by defendant no. 1 in favour of plaintiffs for sale of 4.43 acres of land for Rs. 98,000.00, out of which Rs. 65,000 was paid as advance by. the plaintiffs to the said defendant. The suit was contested by the defendants who filed their respective written statements.

(3.) THE plaintiffs had filed the aforesaid Title Suit bearing T.S. No. 54 of 1998 for enforcing the agreement for sale dated 25.2.1984 said to have been executed by defendant no. 1 in favour of the plaintiff. In the said agreement, a specific date 20.2.1987 was fixed for the purpose of the aforesaid contract. There is no case High Court Of Judicature At Patna Versus Ram Kripal Prasad of the plaintiff that the said defendant at any time before or after the expiry of the said fixed date refused performance of the said contract and hence, the period of limitation expired three years thereafter on 20.2.1990 as per the specific provision of Article 54 of the Limitation Act, 1963 (Hereinafter referred to as the 'Act ' for the sake of brevity.)