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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA , J
Puttagangaiah, S/O Late Honnappa – Appellant
Versus
G. Ravindrakumar, S/O Late Gangabylappa – Respondent
ORDER :
M.Nagaprasanna, J.
The petitioners/defendants 1, 2, 4 and 7 are before this Court calling in question an order dated 24-06-2024 passed by the II Additional Senior Civil Judge and J.M.F.C., Nelamangala rejecting I.A.No.III filed by them in O.S.No.608 of 2021 seeking rejection of the plaint.
2. Heard Sri V.B. Shivakumar, learned counsel for the petitioners and Smt. VijayaKumar K, learned counsel appearing for respondent No.1/plaintiff.
3. Facts, in brief, germane are as follows: -
The defendants and the plaintiff have a transaction. The transaction is with regard to purchase of a property. A registered agreement of sale is entered into between the defendants and the plaintiff. Pursuant to registered agreement of sale, the defendants do not come forward to execute the sale deed. The plaintiff then institutes O.S.No.608 of 2021 seeking specific performance of enforcement of contract – registered agreement of sale. The defendants come up with an application under Order VII Rule 11(a), (b) and (d) of the CPC seeking rejection of the plaint on the ground of limitation. The concerned Court, in terms of the impugned order, rejects the application filed by the defendants on the score that
A unilateral cancellation of a registered agreement of sale is invalid; the cause of action based on subsequent knowledge and payments keeps the suit within limitation.
The issue of limitation for specific performance of a contract is a mixed question of fact and law, and the plaint cannot be rejected solely based on the averments in the plaint.
A plaint must establish a clear cause of action; limitation issues involving mixed questions of fact and law cannot be decided without trial evidence.
The court established that the issue of limitation is a mixed question of law and fact, necessitating a full trial to resolve, rather than dismissal at the application stage.
A plaint cannot be dismissed under Order VII Rule 11 when limitation depends on disputed facts, requiring a full trial to establish cause of action.
The court ruled that issues of limitation and contractual validity arising from disputed facts cannot be decisively adjudicated at the stage of rejecting a plaint, necessitating a trial based on evid....
The main legal point established is that a suit for specific performance is barred by limitation if filed beyond the prescribed period, as per Article 54 of the Limitation Act, 1963.
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