Thottathil B. Radhakrishnan, J.

1. Plaintiff in a suit for specific performance of a contract for sale of immovable property appeals against the dismissal of the suit as barred by limitation; that point having been decided as a preliminary issue.

2. Heard the learned senior counsel for the appellant and the learned senior counsel for the respondent.

3. On behalf of the appellant, it was argued that the finding of the court below that the suit is barred by limitation is not sustainable in law or on facts and that the court below had erroneously held that the suit is barred by limitation merely because the suit was not filed within the period of three years from the date stipulated for the purpose of the contract for sale. It was also argued that the sequence of events and the conduct of parties, including the writ petition that was pending before the High Court of Kerala and other relevant aspects have not been considered. The learned senior counsel made reference to the pleadings in the plaint and argued that the averments therein called for an adjudication on facts after affording the plaintiff the opportunity to adduce evidence. The pleadings in the plaint, according to