PUNEET SHARMA Vs. SUNIL V GUPTA

JUDGEMENT

(1.) This is plaintiff's appeal under Sec. 96 CPC, challenging the judgment and decree dtd. 7/6/2022 passed by learned Additional Senior Civil Judge, New Tehri, Tehri Garhwal, in Original Suit No. 55 of 2017, whereby his suit for cancellation of gift deed was dismissed with cost.

(2.) The suit was filed by the plaintiff/appellant in the year 2017 under Sec. 31 Specific Relief Act with the averment that defendant no.3, on instructions from defendant no. 2, executed an unregistered agreement to sell in his favour in respect of a plot of land situate in Village Tapovan, Patti Dhamandsyu, District Tehri Garhwal. In the plaint, he stated that defendant no. 1 is owner of the said land while defendant no. 2 was his power of attorney holder.

(3.) Learned Trial Court issued notice to the defendants. Since defendants were not represented on the date fixed, therefore, on 5/5/2022, learned trial Court ordered that the suit shall be proceeded ex-parte against the defendants.