SWARN SINGH Vs. SURINDER KUMAR

JUDGEMENT

(1.) THIS order shall dispose of IA bearing No. 3863/2009 under Section 151 CPC for dismissal of the suit on the ground of concealment of material facts which tantamounts to playing fraud upon the Court.

(2.) BRIEFLY stated the facts of the case are that the plaintiff had filed the present suit for specific performance on the basis of the alleged receipt-cum-agreement to sell dated 16.06.1993,11.12.1993 and 11.01.1995. The case set up in the plaint was that by virtue of the aforesaid receipts cum agreement to sell, the defendants had agreed to sell their agricultural land in question to the plaintiff for a total sale consideration of Rs. 29,25,000/- which was including the cost of standing crop and improvement carried out on the farm. The plaintiff had alleged that he had performed his part of the contract by paying the entire sale consideration and he had also received the possession. It was alleged that the defendants were not perfecting the title of the plaintiff, and accordingly, he was constrained to file the present suit for specific performance.

(3.) ON 03.04.2000, that is after the expiry of almost three years from the date of filing of the suit the plaintiff in order to overcome the facts, as alleged by the defendants, instead of filing their replication filed an application under Order VI Rule 17 CPC bearing IA No. 3002/2000 seeking extensive amendment in the suit.