RAMA SHANKER SRIVASTAVA Vs. USHA BALA SRIVASTAVA

JUDGEMENT

(1.) This is a defendant's second appeal arising out of the original Suit No. 30 of 1994 (Smt. Usha Bala. Srivastava v. Rama Shanker Srivastava) for seeking relief of decree for specific performance to execute the sale deed in pursuance of the agreement dated December 28, 1992. The trial court by its judgment and order dated 30.3.1998 directed the defendant to execute the sale deed within two months on accepting the balance sale amount of Rs. 14,600 and in case defendant fails to execute the sale deed and getting the sale deed registered, the same shall be executed by the Court at the Instance of the plaintiff and possession wilt be delivered accordingly. A perusal of the trial court's judgment indicates that the defendant did not co-operate and made all possible efforts to ensure that the hearing of the suit is delayed. Trial court had finally proceeded for hearing of the suit under Order XVII, Rule 3 of the Code of Civil Procedure.

(2.) Against the order directing the case to proceed under Order XVII. Rule 3, C.P.C. a revision was filed by the defendant which was also dismissed and thereafter the trial court had proceeded to decide the suit finally. The trial court decreed the suit of the plaintiff on 20.3.1998 against which Appeal No. 355 of 1999 filed by the defendant, has been dismissed by the XIIth Additional District Judge. Allahabad by its Judgment and decree dated 22.7.2000.

(3.) Learned counsel for the defendant-appellant has raised two points only :