Limitation for filing a suit for specific performance commences after one month from the execution of the release deed, not from the date of the original agreement.

Order :

1. The present first appeal has been filed against the order dated 07.01.2025 passed by the District Judge, Chittorgarh in Civil Original Suit No.44/2024 whereby the application under Order VII Rule 11, CPC as filed on behalf of defendant respondent No.1 was allowed. As a consequence, the suit in question was dismissed while holding the same to be barred by limitation.

2. The facts are that a suit for specific performance of contract was filed by the plaintiff with a submission that agreement to sell dated 29.04.2016 was executed by defendant respondent No.1 in his favour. As per the terms of the agreement, the defendant Aji Bai was under an obligation first, to get the sale deed of the land in question executed in her favour by one Dakhi Bai who was the actual owner of the land in question at that point of time. Within a period of one month of the said sale deed being got executed by the defendant Aji Bai in her favour by Dakhi Bai, the sale deed was to be executed by Aji Bai in favour of plaintiff Suresh Chandra.

3. It was submitted in the plaint that Dakhi Bai subsequently expired and it is only on 19.12.2023 that a release deed was executed in favour of Aji Bai by the legal representatives of Dakhi Bai.

4. It had further been averred that within a period of one month from 19.12.2023, on 05.01.2024, defendant No.1 Aji Bai was requested to get the sale deed executed in favour of the plaintiff but she declined. Thereafter notice dated 13.08.2024 was served on defendant No.1 and when no action was taken upon the same, the present suit was filed on 04.10.2024.

5. The learned Trial Court rejected the plaint with a finding that the limitation whatsoever available to the plaintiff to file the present suit commenced after a period of one year and one month from the date of the agreement i.e. 29.04.2016. That is to say the limitation commenced from the month of April 2017 and expired after a period of three years from the said date. The Court observed that the date of execution of the release deed in favour of Aji Bai made no difference and did not in any manner extend the period of limitation. The Court therefore held that the suit filed on 04.10.2024 was barred by limitation.

6. Learned counsel for the appellant submits that the finding as recorded by the learned Trial Court is totally erroneous as in terms of clause 4 of the agreement in question, the limitation commenced only after a period of one month from the release deed dated 19.12.2023 as executed by the legal representatives of Dakhi Bai in favour of Aji Bai. Within a period of one month from 19.12.2023, a request to get the sale deed executed, was made by the plaintiff and specific averment to that effect has been made in para 6 of the plaint. Once a specific pleading to the said effect had been made by the plaintiff, the same could not have been ignored by the learned Trial Court. The plaintiff was definitely entitled to be granted an opportunity to prove the said plea by cogent evidence. By any means, the plaint could not have been rejected on the said count.

7. Per contra counsel for the respondent, while relying upon the recent Hon’ble Apex Court in Shri Mukund Bhavan Trust and Ors. V. Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle and Anr.; 2024 SCC OnLine SC 3844 submitted that the learned Trial Court rightly exercised its power under Order VII Rule 11, CPC in rejecting the plaint as from a bare perusal of the plaint itself it was clear that the suit was hopelessly time barred. Counsel submits that the agreement in question was of 29.04.2016 and as per the conditions of the agreement, the limitation whatsoever available to the plaintiff expired after a period of 13 months from the said date. The present suit having been filed in the year 2024 is clearly time barred and any litigation which appears to be an