CHANDRAPRAKASH DAYARAMJI LANJEWAR Vs. RATNAKALA WAMANRAO KHATKHEDE

JUDGEMENT

(1.) Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.

(2.) The challenge in this petition is to the order dated 11-3-2016 passed below Exhibit 77 by the learned Civil Judge, Senior Division, Nagpur, allowing the application filed by the respondentdefendant under Order XIII, Rule 3 of the Code of Civil Procedure for rejection of documents, i.e. the extended agreements dated 20-12-2007 and 31-1-2008. The Court has directed that the said agreements be sent to the Collector (Stamps), Nagpur, for adjudication of the stamp duty and getting the documents impounded. The petitionerplaintiff is directed to take steps to deposit admissible stamp duty required by the Collector in two months.

(3.) In a suit for specific performance of contract, based upon the agreement dated 12-12-2007 and the extended agreements dated 20-12-2007 and 3-11-2008, an ex parte decree was passed on 6-5-2009. On 14-10-2010, an application was filed for setting aside the ex parte decree under Order IX, Rule 13 of the Code of Civil Procedure, registered as M.J.C. No.321 of 2010. It was allowed on 16-12-2011 and the decree passed on 6-5-2009 was set aside. The parties do not dispute that while setting aside the ex parte decree, the defendant was granted permission to file written statement, which was accordingly filed on 11-9-2012.