AJAY KUMAR MITTAL,J. - (1.) IN this revision filed under Article 227 of the Constitution of India, the petitioner-defendant No. 2 has prayed for setting aside the order dated 21.1.2011 (Annexure P-6) passed by the trial Court whereby the application filed by her for deciding preliminary issue of limitation was dismissed.
(2.) THE case of the petitioner is that she was bonafide purchaser of suit property through valid and legal registered sale deed dated 16.11.2005 from Gurmeet Kaur (respondent No. 2). On the basis of the said sale deed, mutation was sanctioned in favour of the petitioner. Therefore, the petitioner was absolute bonafide owner in possession of the suit property. Respondent No. 1 filed a suit for possession claiming herself owner of the suit property by way of specific performance of agreement to sell dated 15.3.2004 on payment of balance sale consideration of Rs. 32,000.00 or any other amount as ordered by this Court or in the alternative suit for recovery of Rs. 4,36,000.00 along with interest at the rate of 12% per annum from the date of filing of the suit till realization of the decretal amount. Thereafter, the petitioner filed an application dated 1.4.2010 under Order 1 Rule 10 of the Code of Civil Procedure for being impleaded as a party. The trial court vide order dated 19.5.2010 allowed the petitioner to be impleaded as party in the suit. The petitioner thereafter filed an application dated 18.11.2010 pleading therein that the suit of respondent No. 1 was barred by limitation and that respondent No. 1 had not affixed the requisite court fee. The written statement was also filed by the petitioner refuting the averments made in the suit. The trial court vide order dated 21.1.2011 dismissed the application filed by the petitioner. Hence, the present revision petition. I have heard learned counsel for the parties and have perused the record.
(3.) LEARNED counsel for the petitioner submitted that the plaintiff has not affixed the proper court fee on the civil suit and the time could not be extended under Section 149 of the Code of Civil Procedure. It was further submitted that the trial court had erred in rejecting the application filed by defendant No. 2-petitioner. Reliance was placed on the judgment of the Apex Court in Mahabir Singh v. Subhash and others, 2008(1) R.C.R.(Civil) 32 : 2007(5) R.A.J. 686 : 2008(1) CCC 88 (SC) and the Madras High Court in S.V. Arjunaraja v. P. Vasantha, 2006(1) RCR (Civil) 295 in support of her contentions.;