J.L. GUGNANI Vs. KRISHNA ESTATE

JUDGEMENT

(1.) I hereby propose to decide IA No.12012/2002 filed by the plaintiff seeking condonation of delay in refiling the suit returned by the registry with office objections after its initial presentation. At first blush, this application gives an impression that it is an innocuous application and the prayer made therein deserves to be granted. However, the vehemence of the opposition and a little deeper probe brings certain important issues which bear consideration, to the fore.

(2.) The plaintiff/applicant brought a suit for specific performance of an agreement dated 6th June, 1996 executed between the parties to sell and purchase land admeasuring 110 bighas situated in Village Wizarbad in District Gurgaon, Haryana. The plaintiff has claimed that out of the total consideration of Rs. 1,40,000/- it had paid an amount of Rs. 1 crore vide cheques which were replaced by four pay orders, each for the sum of Rs. 25 lakhs. The plaintiff contends that the defendant was unable to transfer the said land for the reason that it was not able to obtain title in its favour from the owners of the village. The defendants also refused to return the amount of Rs. 1 crore received as earnest money with interest necessitating the suit.

(3.) The plaint dated 10th June, 2002 seeks the following prayers:-