Sudhir Agarwal, J.— This is a defendant’s appeal filed under Section 100 CPC which has arisen from the judgment and decree dated 5.4.2012 passed by Smt. Sapna Shukla, Additional Civil Judge (Senior Division), Court No.8, Meerut decreeing Original suit No.64 of 2006, which has been affirmed by judgment and decree dated 9.4.2013 passed by Sri V.S. Patel, Additional District and Sessions Judge, Court No.5, Meerut by dismissing Civil Appeal No.125 of 2012, filed by defendant.

2. After hearing appeal under Order 41 Rule 11 CPC, this Court formulated following substantial question of law:

“(I) Whether the suit in question was barred by time or as held by courts below the time was not essence of the contract and, therefore, the suit filed even after seven years was not barred by limitation.”

3. During course of the argument, I found that construction of clauses 2 and 4 of the agreement is also involved in this matter. It is necessary to find out whether a date or time has been fixed in the agreement for performance of contract so as to attract commencement of period of limitation under Article 54 of Limitation Act, 1963 (hereinafter referred to as “L.A. 1963”). Therefore, with