Order No.   11                                          Date : 27.07.2015.  

          Parties are present. This date was fixed for passing order on the maintainability of   the case on the ground of limitation when the o.ps. submitted that there was agreement for sale between the parties on  10.4.1992 and last payment made on 16.8.1996. The petitioner kept mum since 34.08.2001 for 11 years and filed case no. 8 of 2012  which was dismissed on contest and the original agreement dated 08.07.1990 was declared cancelled also by P.S. no. 37/96 and so new this case is barred by limitation.

          The petitioner objected to the said petition and submitted that it was a mixed question of law and fact as the limitation continued as negotiations were taking place. O.p. nos. 5 to 6 also kept mum on the above subject.

          This Forum considered all aspects of the matter and finds that this is case where the petitioner filed this case after a long period of 11 years even if the limitation continued till that after agreement in 1992.  U/S 24A of the  C.P. Act is laid down that the  District Forum shall not admit a complaint unless it is filed within two years from the date on which cause of action arises and here is a case where almost after the decade the case was filed and so the case severely barred by limitation and the petitioner may find relief as to his advanced sum before the proper Forum.

          Hence,

                             O R D E R E D

          That the C. C. No. 594 of 2014 be and the same is barred by limitation and so dismissed.