CHATURMAL SALECHA Vs. JAI KUMAR

JUDGEMENT

(1.) BRIEF facts for disposal of this revision are that the respondent/plaintiff had filed a suit for recovery of Rs. 1,52,600/- against the applicant/defendant in the Court of Additional District Judge, Khairagarh, alleging that on 1-9-1995 agreement to sell the property belonging to Ashok Kumar and Kamlesh Kumar who are minors, was executed by applicant/defendant and an amount of Rs. 1,10,000/- (Rupees one lakh and ten thousand) was received by him towards earnest money against the total amount of consideration of Rs. 3,70,000/-.

(2.) APPLICANT/defendant filed an application on 18-9-2001 under Order VII, Rule 11 of the Code of Civil Procedure for rejection of plaint on the ground that Ashok Kumar and Kamlesh Kumar have executed the alleged agreement to sale, but the respondent/plaintiff did not join both of them as party in the suit. No cause of action arose against the applicant/defendant. Learned Lower Court considered the application and dismissed the same vide impugned order dated 20-9-2001.

(3.) AGREEMENT to sale took place in between respondent/plaintiff on one side and Ashok Kumar and Kamlesh Kumar on the other side. Ashok Kumar and Kamlesh Kumar received earnest money. Therefore, without impleading Ashok Kumar and Kamlesh Kumar no suit is maintainable. Set apart, in violation of Section 22 of the Specific Relief Act, 1963, without claiming specific performance of contract suit for recovery of earnest money appears to be barred.