SANGEET LODHA,J. - (1.) This revision petition is directed against order dated 5.12.16 passed by the Senior Civil Judge, Bikaner in Civil Suit No.124/15, whereby an application preferred by the petitioner under Order 7, Rule 11 CPC, stands rejected.
(2.) The respondent filed a suit for specific performance of the agreement dated 18.9.85 alleged to have been executed by the petitioner herein in respect of the land comprising Murraba No.113/64, Kila No.5 to 18 and Murraba No. 113/56 Kila No. 1 to 5, total measuring 19 bighas situated at Khajuwala, Tehsil Chhatargarh No.2, Bikaner as also for permanent injunction.
(3.) During the pendency of the suit, the petitioner preferred an application under Order 7, Rule 11 CPC seeking rejection of the plaint on the ground that the limitation prescribed for filing the suit for specific performance of the contract is three years, whereas, the present suit for specific performance of the agreement dated 18.9.85 has been filed in the year 2015 after a lapse of about 26 years and thus, apparently, it is barred by limitation. That apart, it was contended that the allotment of the land in question was made in favour of the petitioner under the Rajasthan Colonisation (Sale and Allotment of Government Land in Indira Gandhi Canal Area) Rules, 1975 and as per the conditions of the allotment, the transfer of the land before issuance of the Khatedari Sanad is prohibited and thus, the agreement entered into in respect of the disputed land in respect whereof only allotment letter was issued and no Sanad has been issued being against the public policy cannot be enforced and thus, the suit was liable to be rejected as barred by law.;