By an order dated 3rd April, 2007, the trial Court, after taking numbere of the fact that the suit companyld have been filed within a period of three years from 31st March, 1992, when the cause of action is said to have accrued to the plaintiff but the suit was filed in the year 2006 held that the same is barred by limitation and accordingly rejected the plaint under Order VII Rule 11 d of the Code of Civil Procedure.
The High Court allowed the revision filed by the petitioner and set aside the order of the trial Court only on the ground that the same was passed without requiring the defendant to file written statement.
The plaintiff respondent filed a suit for specific performance of agreement dated 25th January, 1992.
In terms of the agreement, the parties were required to perform their respective obligations by 31st March, 1992.
Heard learned companynsel for the parties.
Leave granted.
