C.R. NO. 1557 of 2011

[1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

C.R. No. 1557 of 2011

Date of Decision: March 29, 2011

Anil Chaudhary

…..Appellant

Vs.

Kailash Chander Gupta and others

…..Respondents

CORAM:

HON’BLE MR. JUSTICE M.M.S. BEDI.

-.-

Present:-

Mr.Harkesh Manuja, Advocate

for the appellant.

-.-

M.M.S. BEDI, J. (ORAL)

This revision petition has been preferred under Article 227 of

the Constitution of India against the orders dated January 17, 2011 deciding

an issue of limitation on the basis of prima facie evidence in favour of

plaintiff- respondents safeguarding the rights of the defendant- petitioner by

observing in the order that nothing in the order shall preclude the

defendants from agitating the point of limitation at final stage of the suit

when the parties lead entire evidence in support of their respective claims.

C.R. NO. 1557 of 2011

[2]

The circumstances which led to the framing of preliminary issue are

required to be taken into consideration for adjudication of this revision

petition. The plaintiff- respondents had filed a suit for possession by way of

specific performance of an agreement of sale on September