ALOK Vs. SMT. SHASHI SOMANI AND 3 OTHERS

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by order dated 16.2.2017 by which application under section 151 of the CPC has been rejected.

(2.) The petitioner plaintiff filed the suit for specific performance of the contract. The plaintiff and the defendants are close relatives. Defendant No. 1 executed an agreement to sale date 23.11.2007 in favour of the plaintiff in respect of the sale of House No. 530 Katju Nagar Ratlam, in total sale consideration of Rs. 23 lacs. According to the plaintiff at the time of execution of the agreement he paid amount of Rs. 3,50,000/- as an advance amount and the defendant has agreed to execute the sale deed within six months. Thereafter the plaintiff has paid amount of Rs. 4 lacs to the defendant No. 1.

(3.) After notice, the defendant filed the written statement denying the averment made in the plaint. Thereafter the Trial Court has framed the issues for adjudication. During evidence when the plaintiff has tendered the agreement to sale, the defendant raised an objection that it is neither registered nor properly stamped therefore, it cannot be marked as an exhibit. Vide order date 25.2.2015 the Trial Court has directed the parties to appear before the Collector (Stamps) on 17.3.2015 for the purpose of impounding but till today, the Collector has not passed any order for impounding.