The present petition by the defendant assailing the

order on I.A.II in O.S.No.59/2015 dated 11.12.2019 on

the file of the Senior Civil Judge and JMFC, Chittapur,

whereby, the application filed by the defendant-petitioner

under Order VII Rule 11 read with Section 151 of CPC

seeking for rejection of the plaint stating that the suit is

barred by limitation was rejected by the Trial Court.

2.

Heard learned counsel, Sri Santosh R. Belamgi

for the petitioner and learned counsel, Sri Rajkumar A.

Korwar appearing for the respondent.

3.

The application under Order VII Rule 11 read

with Section 151 of CPC came to be filed by the petitioner-

defendant in I.A.No.II contending that the plaintiff has

filed suit to enforce the agreement dated 26.06.2003 and

the plaintiff had to file the suit for specific performance

within 90 days from the date of agreement and having

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failed to do so, the suit of the plaintiff is barred by

limitation, since the time was essence of the contract.

4.

The objection was filed by the plaintiff inter alia

contending that the application is not maintainable and the

question of limitation was a mixed question of law and fact

and cannot be rejected at the threshol