Rejection of Plaint--Suit cannot be dismissed being barred by limitation without proper pleadings.

Mrs. Daya Chaudhary, J.:- The present revision petition has been filed under Article 227 of the Constitution of India for quashing of impugned order dated 08.12.2016 (Annexure P-4) passed by Civil Judge (Senior Division), Ferozepur, whereby, the application under Order 7 Rule 11 CPC filed by the petitioner-defendant has been dismissed.

2. Briefly, the facts of the case as made out in the present revision petition are that the respondent-plaintiff filed a civil suit for decree of possession. During pendency of the suit, an application under Order 7 Rule 11 CPC for rejection of plaint was filed by the petitioner-defendant and the same has been dismissed vide order dated 08.12.2016, which is subject matter of challenge in the present revision petition.

3. Learned counsel for the petitioner submits that the suit filed by the respondent-plaintiff is liable to be dismissed for misjoinder or nonjoinder of the parties. While passing the impugned order, the Court below has not appreciated the fact that the property in dispute was purchased by the petitioner-defendant for an amount of Rs. 12 lacs from Seema Narula and Sudesh Narula. An amount of Rs.6 lacs was paid to Seema Narula and the remaining amount of Rs.6 lacs was paid to Sudesh Narula through cheques. Learned counsel further submits that the value of the suit property for the purpose of Court fee had wrongly been assessed and as such, the proper Court fee has not been affixed on the plaint and the suit was liable to be rejected only on this ground. The respondent-plaintiff had submitted that the portion of the property in dispute was in occupation of the petitionerdefendant and plaintiff had claimed the damages on account of use and occupation @ Rs.10,000/- per month and for a period of 3 years, which comes to Rs.3,60,000/-. In the plaint, it has been mentioned that the disputed portion was demanded by the petitioner-defendant in the year 2005 and the suit was filed in the year 2016. There was gap of 11 years and damages on account of use and occupation @ Rs.10,000/- comes to more than Rs.13,20,000/-. Learned counsel also submits that the suit was barred by law as the petitioner-defendant is not tenant or licencee of the disputed property as the property in dispute was purchased vide agreement dated 15.03.2013.

4. Heard arguments of learned counsel for the petitioner and have also perused the impugned order dated 08.12.2016 (Annexure P-4).

5. Admittedly, the respondent-plaintiff filed a suit for decree of possession of the property in dispute. During pendency of the appeal, the petitioner-defendant filed an application under Order 7 Rule 11 CPC for rejection of the plaint on the ground that proper parties were not impleaded in the suit and proper Court fee was not affixed. The respondent-plaintiff was having no cause of action to file the suit. It is also the ground in the application that the property in dispute was purchased for an amount of Rs.12 lacs and the amount was paid by way of cheque. The respondent-plaintiff had claimed the damages on account of use and occupation @ Rs.10,000/- per month and for a period of 3 years, it comes to Rs.3,60,000/-. In the plaint, it has been mentioned that the disputed portion was demanded by the petitioner-defendant in the year 2005 and the suit was filed in the year 2016. There was gap of 11 years and damages on account of use and occupation @ Rs.10,000/- comes to more than Rs.13,20,000/- but still required Court fee was not affixed on the plaint.

6. The application was contested by the respondent-plaintiff and reply to the application was also filed. An objection was raised by the respondent-plaintiff that the agreement dated 13.02.2009 was not title deed and it was simply an agreement propounded by the petitioner-defendant. The agreement dated 15.03.2013 produced by the petitioner-defendant in support of his contention was of no consequence as no sale deed was produced by him. It was also mentioned in the reply that the agreeme