The interesting question to be decided in this petition filed under Article 227 of Constitution of India is whether a trial court is competent to dismiss a suit, before issuing summons to the defendants?

2. Petitioner is the plaintiff in an unnumbered suit on the file of Additional Sub Court, Kozhikode. Suit was filed seeking a decree to enforce statutory charge for Rs.1,80,683,28 with future interest on Rs.1,10,000 at the rate of 6% per annum by sale of plaint schedule property. Case of petitioner was that respondents/defendants executed an agreement for sale on 2-7-1995 and Rs.1,10,000 was paid as part of sale consideration and by virtue of the agreement a statutory charge as provided under Section 55(6) (b) of Transfer of Property Act has been created and respondents committed breach of agreement and were not ready and willing to perform their part of the contract and so petitioner is entitled to realize the advance amount paid by enforcing the statutory charge. Before numbering the suit, under Ext.P-2 judgment dated 10-4-2006 learned Sub Judge dismissed the suit holding that the cause of action averred in the suit is barred by limitation and suit is not maintainable