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P.K.LOHRA
Dinesh Parmar – Appellant
Versus
Usha Sharma – Respondent


Advocates:
Counsel for the Parties:
For the Appellants:Mr. L.R. Mehta with Mr. Ramit Mehta, Advocate
For the Respondents:Mr. Harish Purohit with Dr. A.A. Bhansali, Advocate

JUDGMENT

P.K. Lohra, J.—Rejection of plaint under Order VII Rule 11, Code of Civil Procedure, 1908 (for short, ‘CPC’) is the genesis of this first appeal at the behest of appellants-plaintiffs.

2. By the order impugned dated 18th of May 2012, learned Additional District Judge (Fast Track) No.2, Jodhpur Metropolitan, Jodhpur (for short, ‘learned trial Court’), while favourably entertaining the application of respondent-defendant under Order VII Rule 11 CPC, found that the suit for specific performance of contract and perpetual injunction laid by appellants is barred by limitation resulting in rejection of the plaint.

3. Succinctly stated, the facts of the case are that appellants-plaintiffs instituted a civil suit against respondent defendant for specific performance of contract and perpetual injunction. In this plaint, it is inter alia, averred by the appellants that husband of respondent Late Shri Taresh Kumar executed three agreements to sale dated 3rd of May 1995, 5th of August, 1995 and 12th of February, 1996 respectively in their favour to sell the property owned by him bearing Plot No.383, 3rd ‘C’ Road, Sardarpura, Jodhpur. The dimensions and total area of the property was menti


















































































































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