High Court dismissed a revision against a trial court order disallowing a plea that a specific performance suit was barred by limitation, holding no infirmity in the lower court's view that the issue required trial on merits.
The revision application is dismissed; the order of the First Civil Judge stands.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CR No. 28 of 2023
Versus
---- Non-Applicants
For Applicant :- Mr. H.S. Patel, Advocate For Respondent No.1 :- Mr. Malay Shrivastava, Advocate & Mr. Sourabh Sahu, Advocate For Respondent/State :- Mr. Kunal Das, PL
Hon’ble Shri Justice N.K. Chandravanshi Order On Board
16.6.2023
given pursuant to agreement dated 27.3.2018 be returned to the non-applicant / plaintiff.
is also submitted that pursuant to order dated 23.3.2020 passed by the Hon’ble Apex Court in suo-moto Writ Petition (Civil) No.3/2020, limiation for all purposes were extended by the Hon’ble Apex Court due to Covid-19 pandemic and further it was extended vide order dated 27.4.2021 till further order. Hence, civil suit filed by the non-applicant / plaintiff cannot be held barred by limitation.
barred by limitation, hence, I do not find any infirmity in impugned order. However, liberty is left with applicant/ defendant to raise such ground and all other grounds available to him as per the law while filing written statement.
SD/-
( N.K. Chandravanshi ) Judge
Ayushi
3 issues framed by the court
Whether the revision against the dismissal of an application under Order 7 Rule 11 CPC should be allowed despite the suit for specific performance alleging it is barred by limitation.
Whether the suit for specific performance is barred by limitation from the date of the agreement or from the date of refusal by the other party.
Whether the extension of limitation period for the COVID-19 pandemic affects the maintainability of the suit.
Colour shows how this judgement treated each authority
Venkappa Gurappa Hosur Vs. Kasawwa C/o Rangappa KulgodReferred¶17
Venkappa Gurappa Hosur Vs. Kasawwa C/o Rangappa Kulgod reported in Supreme Appeals Reporter (SC) 1997
1 provisions across 1 enactments
Shyam Kumar Patel
Suresh Kumar Patel
State Of Chhattisgarh
N.K. Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
