HANSALAYA PROPERTIES Vs. DALMIA CEMENT BHARAT LIMITED

JUDGEMENT

(1.) Impugned in this petition is the order of the Trial Court dated 29th March 2008, whereby application of the Petitioners (defendants) filed under Order 16 of the Code of Civil Procedure (hereinafter referred to as ,,CPC) was dismissed. Respondent (Plaintiff) had purchased complete 11th and

(2.) 12th floor having an approximate carpet area of 9850 square feet each from Petitioner No.1. Dispute inter se the parties arose when Petitioner No. 1 demanded the balance sale consideration on the complete floor area while Respondent alleged that sale consideration was agreed to be paid on the carpet area, which according to the Respondent was 9547 square feet. This resulted into filing of various suits by the Respondent against the Petitioners, one of them being Suit No.1205/1979 for damages for delay in delivering the possession as also refund of transfer charges paid by it to the Petitioners. This suit was initially filed in this Court but, subsequently it was transferred to the District Court on account of pecuniary jurisdiction of the District Court having been exercised and it was renumbered as Suit No.664/2006. Impugned order has been passed by the Trial Court in this suit.

(3.) After the pleadings were complete and issues were framed, matter was listed for evidence of the Respondent. On 24th April 1997, Court recorded that Respondent had