SANJAY MISHRA Vs. ASHWANI KUMAR GANDHI

JUDGEMENT

(1.) This order shall dispose of defendants' application under Order 37 Rule 3(5) of the Code of Civil Procedure seeking unconditional leave to contest and defend the suit for recovery filed against them.

(2.) The brief facts are that the plaintiff has filed the suit under Order 37 of the Code of Civil Procedure for recovery of Rs.36,92,300.00 contending that the amount claimed is based on a liquidate sum based on written contract and the relief claimed in the suit fall within the ambit of Order 37 of the Code of Civil Procedure.

(3.) The plaintiff contended that defendants had entered into an agreement to sell dated 9th December, 2000 in respect of property bearing No.11/105 Subhash Nagar, Delhi. The plaintiff paid an earnest money of Rs.3,21,000.00 and also paid an advance of Rs.22.00 lakh to the defendants on different dates on the representation of the defendants that they had a clear title to the property and after conveying the same they will get the property registered under the name of the plaintiff. The defendants represented that they had purchased the property for less than Rs.05.00 lakh in the year 2000.