IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11510 of 2011 Brijendra Prasad Singh Versus Ajay Kumar Singh & Anr ----------- 02. 19.07.2011. This writ application is directed against the order dated 15.03.2011 passed by Munsif Ist, Patna in Title Suit No.14 of 2001 whereby the application filed by the petitioner under Order 7 Rule 11 of the Code of Civil Procedure for rejection of the plaint has been rejected by the Court below. The learned counsel for the petitioner submitted that in fact the suit is barred by law of limitation and also that there is no cause of action for the suit. So far the submission of the learned counsel regarding limitation is concerned, it is a mixed question of law and fact so it can only be gone into after trial. So far the question that there is no cause of action is concerned, from perusal of the plaint, it appears that the allegation of the plaintiff is that the suit property was sold to the defendant for a consideration of RS.20,000/- but the defendant paid only 17,000/- and Rs.3000/- balance consideration has not been paid and, therefore, possession has not been delivered to the 2 defendant. Moreover, the plaintiff further stated that when the defendants tried to forcibly disposses the plaintiff, the suit has been filed for declaration of title and for declaring that the sale deed in favour of the defendant is a nullity. In view of the above facts and circumstances of the case, I find no merit in the submission of the learned counsel for the petitioner and thus this writ application is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)