G. RAJAN Vs. M.S. RAJKUMAR

JUDGEMENT

(1.) The petitioner has challenged the order dtd. 18/8/2023 passed by the learned XthCivil Judge Class-II Durg, Chhattisgarh in Civil Suit No. 44-A/2013 whereby an application moved by defendant No.1 under Order 6 Rule 17 of the CPC has been rejected.

(2.) The facts of the present case are that respondent No.1/plaintiff filed a Civil Suit on 1/3/2013 for the declaration of title and permanent injunction against the petitioner wherein the plaintiff prayed that a declaration be issued in his favour to the effect that the plaintiff may be declared the owner of the suit property situated in Village Risali, Patwari Circle No. 65/19, Survey No.321 ad-measuring 1624 sq. ft. and the construction situated over it known as 'Surya Restaurant' and also sought relief that he may be permitted to mutate his name in the revenue records.

(3.) The original defendant No.1 namely, G. Rajan met with an accident and became mentally unfit therefore, an application under Order 32 of the CPC was moved by his wife to pursue the civil suit and contest the case as the next friend which was allowed vide order dtd. 11/4/2017. She filed the written statement on 16/8/2017. In the written statement, it was specifically pleaded that an oral agreement was entered between the plaintiff and defendant No.1 for the sale of Surya Restaurant for an amount of Rs.13.50 lakhs out of which an advance amount of Rs.1.00 lakh was received through two cheques and an amount of Rs.2.00 lakhs was again received through four cheques on 1/1/1999, total Rs.3.00 lakhs was received out of the agreed amount.