PRAKASH BALARAM NICHANI Vs. MOHANDAS PARSHURAM

JUDGEMENT

(1.) Rule. By consent rule is made returnable forthwith and heard finally.

(2.) The City Civil Court, Mumbai by its order dated 8th April, 2008 has rejected leave to the petitioner-plaintiff under Order 2, Rule 2 of the Code of Civil Procedure, 1908 to omit the relief of specific performance in respect of the agreement in question from the purview of the suit. Aggrieved by this order the petitioner has filed the present petition.

(3.) The subject-matter of the suit filed by the petitioner is a joint venture agreement dated 10-8-1994 ("the said agreement" for short) entered into between the petitioner, who is developer and the respondent, who is the owner of the suit property. According to the petitioner the respondent is trying to wriggle out of his commitments under the said agreement which necessitated the filing of the suit.