Indian Evangelical Lutheran Church Trust Association vs. Sri Bala & Co. (SC)

Code of Civil Procedure, 1908–Order 7, Rule 11–Limitation Act, 1963–Art. 54–Specific Relief Act, 1963–Sec. 12–In the earlier suit filed by the plaintiff on 01.07.1993, the plaint was rejected on 12.01.1998 owing to non-payment of the requisite Court Fees–At best, the second suit on the very same cause of action could have been filed by 12.01.2001 which would have been three years from the rejection of plaint in the earlier suit–Second suit filed in the year 2007 was clearly barred by the law of limitation–To get over the lacuna, the plaintiff introduced the so-called communication dated 12.07.1991 said to have been issued by the defendant by stating that the time for performance was extended till the conclusion of all other litigations between the parties herein and with the tenants–If the submission of the plaintiff is accepted then the earlier suit could not have been filed in the year 1993–Earlier suit was filed only to keep the litigation alive between the parties to make on the unlawful gain from the speculative second suit by a settlement or in any other manner.