IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 128 CR-4884-2022 (O&M) Date of decision: 25.03.2025 RAKESH GUPTA ..Petitioner Versus SATWANT SINGH AND OTHERS ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Vishal Singh, Advocate Mr. Bhaskar Sarout, Advocate for the petitioner. Mr. Gaurav Goel, Advocate for respondent No.1. ANIL KSHETARPAL, J(Oral) 1. The petitioner herein is a defendant in the plaintiffs suit for symbolic possession by way of specific performance of the agreement to sell dated 06.06.2016, with respect to plot measuring 204 square yards. The application filed by the petitioner under Order VII Rule 11 of the Code of Civil Procedure, 1908, to reject the plaint at the threshold has been dismissed by the trial Court. 2. Learned counsel for the petitioner submits that the plaint is liable to be rejected on the following two grounds:- i. The plaint does not disclose the cause of action; and ii. The suit was filed beyond the prescribed period of limitation. 3. From reading of para 10 of the plaint, it is evident that the plaintiff has asserted that the cause of action accrued in his favour on 06.06.2016 and 02.08.2016. Thus, the plaintiff has made assertions with MOHD AYUBregard to cause of action. 2025.04.01 15:03 I attest to the accuracy and authenticity of this order/judgment. CR-4884-2022 (O&M) -2- 4. The suit was filed in the year 2016, hence, prima facie the suit is within limitation. Moreover, the question of limitation is a mixed question of law and fact. It shall be open to the petitioner to take all objections while filing the written statement. 5. With these observations, the revision petition is dismissed. 6. All the pending miscellaneous applications, if any, are also disposed of. March 25th, 2025 (ANIL KSHETARPAL) Ayub JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MOHD AYUB 2025.04.01 15:03 I attest to the accuracy and authenticity of this order/judgment.