Specific Relief Act, 1963–Secs. 12 & 27–Code of Civil Procedure, 1908–Order 7, Rule 11–Limitation Act, 1963–Art. 54–Rejection of plaint by invoking the provisions of Order 7, Rule 11–Agreement in regard to sale of seven plots–Observation of Trial Court that as per agreement dated 10.09.2015, the plaintiff was required to pay the whole amount till 31.03.2016–Amount was not paid till this date–Limitation to file the suit was three years and it expired on 31.03.2019–Suit was filed on 05.11.2019–Even the period of fifteen days of notice is excluded, the suit was beyond the limitation–However, the plaint averments that the defendants received the consideration amount for two plots after 31.03.2016 and the registered sale deed was executed and the possession thereof was also handed over–Prima facie it can be concluded that there was an oral agreement between the parties to extend the period of agreement–Issue of limitation in the instant case, is a mixed issue of facts and law–Impunged order is liable to be set aside–Directed to restore the suit on original numbers.
