SHASHI KANT PANDEY Vs. SANCHAYANI COMPUTERS PRIVATE LIMITED

JUDGEMENT

(1.) The present case is taken up through video conferencing.

(2.) The present Civil Miscellaneous Petition has been preferred for quashing the order dtd. 5/2/2020 (Annexure-3 to the writ petition) passed by the Civil Judge (Senior Division)- I, Jamshedpur in Original Title Suit No. 68 of 2018 whereby the petitions dtd. 27/1/2019 and 3/1/2020 filed by the petitioner praying for dismissal of the suit on the ground of limitation, have been rejected.

(3.) Learned counsel for the petitioner submits that the petitioner purchased three flats being flat nos. 505, 506 and 507 situated at 5th floor, Akashdeep Plaza Complex, Golmuri, Jamshedpur developed by Akashdeep Builders (I) Pvt. Ltd. from its previous owner Somnath Das-the authorized representative of M/s. Sanchayani Computers Pvt. Ltd. (the respondent herein) through registered sale deed dtd. 28/6/2004. Thereafter, the petitioner faced many obstacles at the instance of the respondent as well as the builder of Akashdeep Plaza Complex for getting separate electricity connection in the said flats. Hence, he filed W.P.(C) No. 4612 of 2004 before this Court. The respondent accepted the sale of aforesaid flats to the petitioner by filing counter affidavit in the said writ petition (Annexure-2/1 to the present C.M.P.). However, it, in connivance with the builder filed suit being Original Title Suit No. 68 of 2018 for cancellation of sale deed no. 3005 dtd. 28/6/2004. The petitioner appeared in the suit and filed petitions dtd. 27/1/2019 and 3/1/2020 raising preliminary objection regarding maintainability of suit as per Sec. 3 of the Limitation Act, 1963 (in short, "the Act, 1963"), however the court below dismissed both the petitions vide impugned order dtd. 5/2/2020. It is further submitted that on bare perusal of all the documents annexed with the present C.M.P., it would be clear that the respondent was well aware of sale deed No. 3005 dtd. 28/6/2004 from the date of execution itself. It is also submitted that after the sale of flats in question, the petitioner and the respondent were issued notices by the office of the Assistant Director of Income Tax (Investigation), Jamshedpur vide letter nos. 260 and 262 respectively both dtd. 6/1/2005 in respect of purchase and sale of the flats in question. Pursuant to the said notice, the petitioner as well as the respondent appeared and admitted the execution of sale deed. The respondent also admitted receiving of consideration money against the sale of aforesaid flats. Thereafter, the proceeding against the petitioner and the respondent was dropped by the Income Tax Authority.