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2020 Supreme(P&H) 437

MAHABIR SINGH SINDHU
Harjinder Singh – Appellant
Versus
Sukhjinder Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Amarbir Singh Pahwa, Adv

JUDGMENT :

MAHABIR SINGH SINDHU, J.

1. Present petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 10.01.2020 (P-1), passed by learned Civil Judge (Jr. Divn.), Ludhiana, whereby the application under Order 7 Rule 11 (d) of the Code of Civil Procedure of the petitioner/defendant No.1 for rejection of the plaint was dismissed.

2. It is contended by learned Counsel for the petitioner that respondent No.1/plaintiff-Sukhjinder Singh filed a suit for declaration on 04.06.2019 while challenging two Sale Deeds dated 25.06.2015 along with the earlier order dated 06.06.2014, sanctioning mutation by the Assistant Collector 1st Grade, Ludhiana regarding the plot in question measuring 243 sq. yds., thus, the suit was barred by limitation, but despite that, learned trial Court has wrongly dismissed the application while passing the impugned order. Reliance is placed upon the judgment of the Hon'ble Supreme Court, titled as 'Raghwendra Sharan Singh Versus Ram Prasanna Singh (Dead) by LRs', AIR 2019 Supreme Court 1430 in support of his contention that when a suit is filed by the party after a period of three years, then the same is liable

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