REMOUND ESTATE PVT. LTD. Vs. MOHAMMAD SALEEM GHORI

JUDGEMENT

(1.) The petitioner/plaintiff has filed the present petition under Article 227 of the Constitution of India being aggrieved by the order dtd. 16/11/2022, whereby learned IV Additional District Judge, Dhar has directed to file separate suits against the defendants for specific performance of the contract and value them separately.

(2.) The petitioner, a company duly registered under the provisions of the Companies Act, 1956 agreed to purchase agricultural land of various survey numbers on 14/3/2005 with its respective owners (i.e. respondents No.1 to 11). According to the petitioner/plaintiff, all the land mentioned in para - 5.2 of the writ petition is on a single map and the petitioner is interested to purchase the entire area of all the land as one chunk to start its industry. Respondents No.1 to 11, were also interested in selling the land jointly to the petitioner. The deal was finalized through middleman Saleem Ghori. The petitioner agreed to purchase the land @ Rs.3,18,000.00 per hectare, accordingly paid Rs.1,03,00,000.00 by various cheques and cash amount of Rs.75,00,000.00 to Ghori Family.

(3.) Accordingly, respondents No.1 to 11 did not perform their part as per the terms of the contract. The petitioner / Company had filed a civil suit for the decree of specific performance against respondents No.1 to 11 by joining them as defendants in the said suit. Respondents No.1 to 5 filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1973 seeking rejection of the plaint on the grounds of limitation, misjoinder of the cause of action and misjoinder of parties etc. Vide order dtd. 16/11/2022, the learned IV Additional District Judge has held that each agreement constitutes an independent cause of action, hence, directed to file ten separate suits for each owner of the respective land. Hence, the present miscellaneous petition is before this Court.