SARDAR SATPAL SINGH Vs. SAROJ SHUKLA AND ORS.

JUDGEMENT

(1.) THIS appeal is against the judgment and decree dated 06.10.2012 passed in Civil Suit No. 02 -A/2012 by the Second Additional District Judge, Ambikapur, whereby, the suit filed by the appellant/plaintiff was dismissed with a finding that the suit filed is barred under the provisions of Section 11 and Order 2 Rule 2 of CPC.

(2.) THE brief facts of the case are that a civil suit for specific performance of contract for sale dated 04.07.1987 in respect of the land bearing Khasra No. 1245 & 1246 alongwith the superstructure was filed against the respondents. It was contended that pursuant to sell the entire sale consideration of Rs. 55,000/ - has been paid to the respondents. The prayer made in such suit was for execution of the sale deed in terms of the agreement entered in between the parties. After issuance of notice, the written statement was filed wherein all the averments of the plaint were denied. In the plaint, the periodical payments of sale consideration were shown to be made at para 5 from 04.07.1987 to 11.10.2004 and was stated that entire sale consideration was paid. The said averments however were denied to the extent that the amount was not paid in lieu of the sale consideration but was adjusted towards the rent proceed. On the basis of pleadings of parties, the learned Court below framed the issues, which reads as under:

(3.) IN reply to the application, the appellant/plaintiff denied the averments and stated that the earlier civil suit was with respect to the declaration and injunction and in such civil suit because of the pecuniary jurisdiction, the suit was dismissed. Thereby, the finding of such earlier Civil Suit No. 20 -A/2003 would be an outcome of the result by a Court having no pecuniary jurisdiction. The trial Court thereafter on the basis of such application under Section 11 read with Order 2 Rule 2 of CPC, passed the impugned order dismissing the suit as barred and hence it is subject of challenge before this Court.