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High Court of Punjab and HaryanaCR/1364/2022dismissed

Mukhtiar Singh And Another v. Devi Singh And Others

2022-04-20Mr. Justice Anil Kshetarpal1 pages

In the High Court of Punjab and Haryana, at Chandigarh Civil Revision No. 1364 of 2022 Date of Decision: 20.04.2022 Mukhtiar Singh and Another ... Petitioner(s)

Versus

Devi Singh and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Parminder Singh, Advocate for the petitioner(s).

Anil Kshetarpal, J.

1.

The petitioners' application under Order VII Rule 11 CPC to reject the plaint of a suit for specific performance of the agreement to sell has been dismissed by the trial Court. The petitioners claim that the suit is barred by time. The trial Court, on appreciation of facts, has held that such issue of limitation is a mixed question of fact and law, therefore, it will not be appropriate to reject the plaint only on that ground unless the parties are permitted to lead evidence.

2.

In view of the above, no ground is made out to interfere. Hence, the present revision petition is dismissed.

(Anil Kshetarpal) Judge April 20, 2022 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2022.04.21 14:58 I attest to the accuracy and integrity of this document