CR No. 3447 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No. 3447 of 2011 (O&M) Date of Decision: 24.5.2011. Harbans Singh .......Petitioner Vs. Punjab State Power Corporation Ltd. ......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Veneet Sharma, Advocate for the petitioner. ..... SABINA, J. Respondent-Electricity Board has filed a suit for recovery of ` 3,31,239/- along with interest. During the pendency of the suit, petitioner-defendant moved an application under Order 7 Rule 11 of the Code of Civil Procedure. Vide the impugned order dated 10.3.2011, the said application was dismissed. Hence, the present petition by the defendant. Learned counsel for the petitioner has submitted that cause of action had arisen to the plaintiff-board on 26.10.2006, whereas the suit had been filed on 9.11.2009 and hence, the suit was clearly barred by limitation. Moreover, as per Section 56 of the Electricity Act 2003, no amount was recoverable after the period of two years from the date when the said sum had first become due. After hearing learned counsel for the petitioner, I am of the opinion that the instant petition deserves dismissal. CR No. 3447 of 2011 (O&M) -2- A perusal of the impugned order dated 10.3.2011 reveals that a sum of ` 35,000/- had been paid by the petitioner in November 2007 and thereafter, the balance amount along with interest with effect from October 2007 to January 2009 had been calculated and the suit had been filed after giving the due notice to the petitioner. In these circumstances, the application could not be dismissed at the very threshold under Order 7 Rule 11 of the Code of Civil Procedure as the parties are yet to lead their evidence and it would thereafter transpired whether the suit filed by the plaintiff-board was within limitation or not. No ground for interference is made out. Dismissed. (SABINA) JUDGE May 24, 2011 Gurpreet