R.S.A. No. 484 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH R.S.A. No. 484 of 2008 (O&M) Date of Decision : 26.2.2009 Partap Singh .......... Appellant Versus Harbhajan Kaur / Jangir Kaur & others. ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Namit Gautam, Advocate for the appellant. **** VINOD K. SHARMA, J. (ORAL) This regular second appeal is directed against the judgments and decree dated 22.11.2003 and 30.10.2007 passed by the learned Courts below vide which suit filed by the plaintiff / appellant for declaration that he is owner in possession of the land, and that the impugned judgment and decree dated 12.11.1990 passed in civil suit No. 1060 of 1990 titled Joginder Singh Vs. Partap Singh regarding suit land is null and void stands dismissed. The challenge was also to the mutation sanctioned on the basis of the judgment and decree. The suit was contested and one of the pleas was that the suit was filed after a period of 3 years and 13 days and thus barred by limitation. The learned counsel for the appellant contends that the learned Courts below committed an error in dismissing the suit being time barred by R.S.A. No. 484 of 2008 2 ignoring that the appellant was minor at the time of passing of the consent decree. However, this plea of the learned counsel for the appellant cannot be accepted as the limitation for filing the suit was three years from the date when the plaintiff attained majority. The plaintiff became major on 24.9.1992 and as such he could file suit by 24.9.1995 but he filed the suit on 7.10.1995, after expiry of the period of limitation and the suit was admittedly time barred by 13 days. The learned Courts, therefore, were right in dismissing the suit being time barred as it is not open to the learned trial Court to entertain time barred claim nor does the trial Court has any jurisdiction to condone the delay. The appeal raises no substantial question of law for consideration by this Court. No merit. Dismissed. 26.2.2009 ( VINOD K. SHARMA ) 'sp' JUDGE