IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 131 CR-6049-2023 (O&M) Date of decision: 07.04.2025 SURINDER SINGH SACHDEVA AND ANR ..Petitioners Versus AMARJIT SINGH AND OTHERS ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Jaideep Verma, Advocate for the petitioners. Mr. A.P.S. Sandhu, Advocate for respondents. ANIL KSHETARPAL, J(Oral) 1. The petitioners herein are defendants in a pending suit for specific performance of the agreement to sell filed by the plaintiffs. They filed application for rejection of the plaint on the ground that the suit is barred under Order II Rule 2 of the ‘CPC’ and it was filed beyond the period of limitation. The trial Court dismissed the application. 2. Learned counsel for the petitioners claim that previously the plaintiffs filed a suit for injunction, in which injunction was granted. 3. This Court has considered the submissions of learned counsel for the petitioners. 4. For proving that subsequent suit is barred under Order II Rule 2 of the ‘CPC’, the defendants are required to produce and prove the pleadings in the previous suit as well as the judgment passed by the Court. 5. In absence thereof, it is not possible to prove that the subsequent suit is barred under Order II Rule 2 of the ‘CPC’. The plaintiffs while filing MOHD AYUB 2025.04.09 15:05 I attest to the accuracy and authenticity of this order/judgment. CR-6049-2023 (O&M) -2- the suit have asserted a cause of action, which is a mixed question of fact and law. 6. Hence, no ground to interfere is made out. 7. Dismissed. 8. All the pending miscellaneous applications, if any, are also disposed of. April 07th, 2025 (ANIL KSHETARPAL) Ayub JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MOHD AYUB 2025.04.09 15:05 I attest to the accuracy and authenticity of this order/judgment.