AJAY KUMAR GOYAL Vs. SANJAY GOYAL NOW DECEASED

JUDGEMENT

(1.) This appeal under XLIII Rule 3 of the Code of Civil Procedure, 1908 (the CPC) has been filed by the plaintiff in Civ DJ 163/2023 on the file of learned District Judge-05 (West), Tis Hazari Courts, New Delhi, aggrieved by the order dtd. 3/3/2025, whereby his application under Order XXXIX Rule 1 of the CPC was dismissed.

(2.) According to the appellant/plaintiff, he entered into an agreement to purchase dtd. 11/10/2021 (the sale agreement) with the father of the respondents/defendants for the purchase of the suit property and paid approximately 10% of the agreed sale consideration as advance, in cash, at the time of execution of the agreement. As the sale agreement did not materialize, the plaintiff filed the suit for specific performance of the agreement. An application under Order XXXIX Rule 1 of the CPC was moved by the appellant/plaintiff, apprehending creation of third-party interest in the suit property by the respondents/defendants.

(3.) The respondents/defendants entered appearance and contended, inter alia, that the sale agreement relied upon by the appellant/ plaintiff is forged and fabricated and that their father had never executed any such agreement.