JASWANT SINGH Vs. ATMA SINGH

JUDGEMENT

(1.) APPELLANT 's suit seeking specific performance of the agreement to sell dated May 14, 2005, Ex.PW -2/D, for sale of property bearing J -3/37, Rajouri Garden, New Delhi and for a decree for permanent injunction to restrain the defendants from dealing with the property in contravention of Ex.PW -2/D has been dismissed by the learned Single Judge vide impugned decision dated July 10, 2013.

(2.) THE reasoning of the learned Single Judge in paragraphs 12 to 20 of the impugned decision would evidence that the learned Single Judge has held that appellant 's claim of having paid Rs.4,00,000/ - (Rupees Four Lacs only) as further sale consideration as per Ex.PW -1/D, being the receipt executed on August 31, 2005 and further sum of Rs.10,00,000/ - (Rupees Ten Lacs only) paid on May 26, 2006 vide receipt Ex.PW -1/G has not been proved; the MOU dated October 30, 2005 Ex.PW -1/D -2 had superseded the agreement to sell Ex.PW -2/D and that the appellant had not sought specific performance of the MOU; and that the appellant had assigned his rights in favour of one Jagmohan who had sought specific performance of the agreement in question against the respondent.

(3.) IT is trite that the requirement of Order VI of the Code of Civil Procedure is that a pleading must contain a statement in a concise form of the material facts on which the party pleading relies for his claim or defence and not the evidence and that pleadings shall, when necessary, be divided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, put in separate paragraphs. In cases where the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default or undue influence, and in all other cases in which particulars may be necessary, the same have to be stated. Where the contents of a documents are material the pleading must sufficiently state the effect thereof as briefly as possible. Thus, while pleading concisely the material facts, the same have to be pleaded in a sequential manner and not haphazardly. To wit : If a relevant fact has taken place on a date prior to the occurrence of another material fact, the former has to be pleaded before the latter so that to the reader of the pleading the purpose thereof is conveyed clearly and not in a defused state.