BANSAL BUILDCON P LTD Vs. SATYA NARAIN GUPTA

JUDGEMENT

(1.) This revision challenges the order of the court below dated 17.12.2005, rejecting the applicant's prayer for dismissing the suit under Order VII, Rule 11, C.P.C.

(2.) The applicant-revisionist prayed for dismissing the suit and rejecting the plaint under Order VII, Rule 11, C.P.C. on the ground that the suit being one for decree of specific performance of contract of sale based on an unregistered agreement, was not maintainable and the plaint be rejected without further lingering the proceedings of the suit.

(3.) This petition was resisted by the other side and the court below after hearing the parties found that as the suit was at its final stage and the- parties have entered into evidence, this matter may be taken up at the stage of final disposal itself and should be decided alongwith entire issues involved in the suit. Accordingly, the prayer was refused.