SANJAY CHATURVEDI Vs. VISHNUCHARAN BOHARE & ANR

JUDGEMENT

(1.) This appeal filed under Order 43 Rule 1 (r) C.P.C is directed against the order dated 15.02.2014 whereby application of the appellant filed under Order 39 Rule 1 & 2 C.P.C. is rejected by the court below.

(2.) The appellant / plaintiff filed a suit for specific performance of contract. Along with said suit, he filed application under Order 39 Rule 1 & 2 C.P.C. The Court below by the impugned order rejected the said application seeking injunction. Shri S.K. Shrivastava, Advocate for the appellant, submits that order is bad in law because the court below has not taken care of Section 49 of the Registration Act and merely passed the order on the basis of Section 17 of the said Act. He submits that for general and collateral purposes, in a suit for specific performance, unregistered document can be looked into. He submits that even otherwise, the order of court below is bad in law.

(3.) Shri Abhishek Bhadoriya, supported the order. He submits that court below has rightly rejected the application. The terms of contract are uncertain. Hence, the judgment of this Court in ( Abdul Gaffar Vs. Kalesiya Bai,1979 1 MPWN 306, ( Kashiram Vs. Mitthulal & Ors., 2013 ILR(MP) 410) are rightly relied upon. In addition, he submits that reasons for rejection are plausible and no interference is warranted.