VASANTRAO KESHEORAO DHARANGAONKAR Vs. LEELABAI GAJRAJ JAIN

JUDGEMENT

(1.) This civil revision application is preferred by the original defendant against an order passed by the Civil Judge, Senior Division, Khamgaon, striking out a part of the defence raised in the written statement, purporting to act under Order 6, Rule 16 of the Code of Civil Procedure.

(2.) The respondent-plaintiff filed a suit for specific performance of contract, or in the alternative for refund of consideration. The subject matter of agreement was one house.

(3.) The defence raised by this applicant was that there was an agreement of sale, but it was essentially a transaction of loan. He further pleaded that the property in question was a joint family property and he alone could not enter into a contract of sale of the same. He further pleaded that some of the property was in possession of some persons and their joinder was, therefore, necessary.