VISHAL ANAND Vs. BIMLA ANAND

JUDGEMENT

(1.) THIS APPEAL IS FILED AS AGAINST THE JUDGMENT AND DECREE DATED 30.9.2003 PASSED BY THE ADDITIONAL DISTRICT JUDGE, DELHI IN SUIT NO.56/2002.

(2.) BY THE AFORESAID JUDGMENT AND DECREE, THE LEARNED ADDITIONAL DISTRICT JUDGE RECORDED HIS FINDINGS ON THE PRELIMINARY ISSUE, ON THE BASIS OF WHICH IT WAS ALSO HELD THAT THE SUIT FILED BY THE PLAINTIFF IS NOT MAINTAINABLE AND WAS ACCORDINGLY DISMISSED. THE SAID SUIT WAS FILED BY THE APPELLANT/PLAINTIFF AS AGAINST THE RESPONDENTS, WHO WERE ARRAYED AS DEFENDANTS SEEKING FOR A DECREE FOR SPECIFIC PERFORMANCE OF THE CONTRACT. IN THE PLAINT FILED OF THE PRESENT SUIT, CAUSE OF ACTION FOR FILING THE SUIT HAS BEEN STATED THUS:

(3.) THE RELIEF, WHICH IS SOUGHT FOR BY THE PLAINTIFF, IS ALSO STATED IN THE PRAYER PORTION OF THE PLAINT, AS FOLLOWS: