NAULA AND ORS. Vs. RAJA DEVI AND ORS.

JUDGEMENT

(1.) THIS regular first appeal under Section 96 CPC has been filed against the judgment and decree dated 24.7.2013 passed by Additional District Judge, Chomu Distt. Jaipur in Civil Suit No. 16/2013 whereby suit for specific performance and declaration filed by the plaintiffs was dismissed under O.7 R.11 CPC.

(2.) WITH the consent of learned counsel for the parties, the matter has been finally heard at admission stage itself.

(3.) THE contention of the respondents before the court below was that suit is barred by O.2 R.2 CPC as earlier a suit was filed by plaintiff appellants before the revenue court and hence this second suit is barred by provisions of O.2 R.2 CPC. The contention of the present appellants is that before the revenue court, the suit has been filed only for cancellation of mutation and revenue court cannot entertain the suit for specific performance as well as cancellation of sale deed, apart from this, parties are not same before the revenue court and cause of action before the civil court are different and sale deed has been executed in 2013 whereas earlier suit before the revenue court was filed in the year 2006 when no cause of action as alleged in the present suit has arisen to the appellants. As regards limitation, the contention of the present appellants is that as per Article 54 of the Limitation Act, the limitation for suit for specific performance starts when the plaintiff has notice that performance is refused and here in the present case when sale deed dated 6.3.2013 has been executed in favour of respondents No. 9 and 10 then only limitation under Section 54 come to run and court below has erred in dismissing the suit summarily.