JUDGMENT :

AJIT KUMAR, J.

1. Heard Sri Rakesh Pandey, learned Senior Advocate assisted by Sri Satish Chandra Dubey, learned counsel for the petitioner and Ms. Shreya Gupta, learned counsel for the contesting respondent.

2. Petitioner before this court has questioned the order passed by Civil Judge (Senior Division), Bareilly rejecting the misc. application filed by the petitioner being paper no. 36-C requesting for disposal of misc. application filed under Order 7 Rule 11 CPC first before proceeding with suit.

3. The argument advanced by learned counsel for the petitioner was that the court was to hear and dispose of application filed under Order 7 Rule 11 CPC for rejection of the plaint, if it appeared from bare pleadings raised in the plaint that suit was barred by law. Learned counsel for the petitioner submitted that for a decree of specific performance of contract, the limitation prescribed under Article 54 of Second Schedule of Limitation Act, 1963 was three years and according to him from the pleadings raised in the plaint, it was apparently an admitted position that agreement for sale was executed on 12.09.2012. Thus according to him limitation to maintain a suit would be upto