VIJENDER SINGH MALIK, J. - (1.) THIS is a revision petition brought by the defendant under the provisions of Article 227 of the Constitution of India for setting aside the order dated 22.07.2011 (Annexure P -5) passed by learned Additional Civil Judge (Senior Division), Chandigarh. In the suit brought by Punjab Financial Corporation, the respondent, for recovery of Rs.42,97,908/ -, the defendant filed an application under Order 7 Rule 11 CPC for rejection of the plaint on the ground that the suit brought by the plaintiff is barred by limitation. It has been claimed by the defendant -petitioner in his application that the sale agreement is dated 31.3.1997, vide which the petitioner was to pay a total sale consideration of Rs.5,75,000/ -. According to the petitioner, a sum of Rs.2,87,500/ - had been paid to the plaintiff at the time of signing of the sale agreement on 31.3.1997 and the remaining sale consideration was to be paid in two equal installments on 11.7.1997, and 15.9.1997. It is claimed that the defendant -petitioner has already paid the entire sale consideration. According to the petitioner, even if he has failed to pay the said amount, the suit for recovery of that amount had become time barred on the date of/filing of the suit. The cause of action to file the suit is said to have arisen in favour of the respondent on 15.9.1997 and the suit having been filed only on 15.9.2007, which is barred by limitation.
(2.) THE respondent, on the other hand, has claimed that the defendant as per the terms of the sale agreement had to hold the property i.e. the subject matter of the agreement as a trustee and the respondent was entitled to claim interest thereon. It is claimed that the defendant has defaulted in making payment and the suit is still within limitation. Hearing learned counsel for the parties, learned Additional Civil Judge (Senior Division), Chandigarh, has dismissed the application, vide the impugned order.
(3.) AGGRIEVED by the aforesaid order, the defendant has brought this revision petition.;