RAJENDRA SYAL Vs. MUKESH GARG

JUDGEMENT

(1.) Heard. By filing this petition under Article 227 of the Constitution of India, the petitioner has assailed the order dated 2.9.2013 passed in Case No. 7A/2013 by learned District Judge, Gwalior. By the said order, the petitioner/defendant No. 2's application preferred under Order 7 Rule 1 & 7 r/w 151 C.P.C. (Annexure P-5) is taken up. Shri Chandil submits that as per Order 7 Rule 1 & 7 C.P.C., the relief should be specifically made. In absence of specific relief, the petitioner could not take objection. He submits that if relief is properly explained by plaintiff, the present petitioner could have take objection regarding maintainability of suit for specific performance. Criticizing the order impugned, it is contended that the Court below has erred in not deciding the said application under Order 39 Rule 1 & 2 C.P.C.

(2.) I have heard the learned counsel for the petitioner and perused the record.

(3.) The Court below has not rejected the application preferred under Order 1 Rule 1 & 7 (Annexure P-5). The Court below opined that at this stage the objection taken by the petitioner is premature. The Court below thought it proper to decide the application at a later stage.