DADASO JAGTAP Vs. SATWANT KAUR SARNA

JUDGEMENT

(1.) This Civil Revision Petition under Sec. 115 of the Code of Civil Procedure, 1908 'CPC' is preferred by the petitioners, who are proposed defendant no. 3 and 4, in a suit instituted by the respondent No.1/plaintiff bearing CS DJ No. 11307/2016 titled as 'Satwant Kaur v. Ramesh Bhardwaj and Ors.', thereby assailing the impugned order dtd. 24/11/2021 passed by the learned Additional District Judge-02, Central District, Delhi 'Trial Court', whereby the application under Order VI Rule 17 of the CPC filed by the respondent No. 1/plaintiff, was allowed.

(2.) Having heard the learned counsels for the parties and upon perusal of the record, this Court unhesitatingly finds that the impugned order cannot be sustained in law.

(3.) Shorn of unnecessary details, the case of the respondent No. 1/plaintiff is that she had filed a criminal complaint under Sec. 138 of the Negotiable Instrument Act, 1881 'NI Act', against the petitioners/defendants, who were unable to make the payments. However, an agreement dtd. 16/9/2008 was executed, wherein defendant no. 1 'Sh. Ramesh Bhardwaj in CS DJ No. 11307/2016' agreed to sell portion of the property in question comprising of ground floor and mezzanine floor to her.