1. This appeal is directed against impugned judgment and decree dated 06/10/2010 passed by the 10th Additional District Judge, Raipur passed in Civil Suit No.3A / 2009, by which the plaintiff's suit has been dismissed as barred under O.2., R.2, CPC.

2. Relevant facts necessary for decision in this appeal are that the plaintiff filed a suit seeking a decree of specific performance of contract on the pleadings inter alia that under an agreement dated 02/12/2005, the defendant agreed to sell the property in dispute for a consideration of Rs.4,00,000/- in favour of the plaintiff and received advance of Rs.51,000/-. According to the plaintiff, even though the plaintiff was ready and willing to perform his part of contract, the defendant was avoiding and despite notice, the defendant did not execute the sale deed, therefore, the plaintiff had to file suit. Pleading was also made that e