JAYNAL HALDAR Vs. KHORSED SHEIKH

JUDGEMENT

(1.) This application for revision arises out of an order dated December 22, 1979 passed by Shri K. Ganguly, Munsif 3rd Court, Diamond Harbour, disallowing an objection under Section 47 of the Code of Civil Procedure which was numbered as Misc. Case No. 72A of 1979.

(2.) The facts giving rise to the filing of the objection under Section 47 of the Code of Civil procedure may be summarised as follows :-- The opposite party as plaintiff on 17-7-1973 instituted a suit being Title Suit No. 517/73 for specific performance of contract in the 3rd Court of the Munsif, Diamond Harbour, against the present petitioner. The plaintiff's case inter alia was that the defendant agreed to sell the suit property for a consideration of Rs. 1500/- and accepted a sum of Rs. 1300/- and executed an agreement for sale on 9-3-1972 corresponding to 25th Falgoon 1378 B. S. that the transaction was to be completed within 15th Chaitra B. S. on receipt of the balance of RE. 200/- but in spite of successive offers by the plaintiff the defendant failed and neglected to complete the transaction and ultimately refused and hence the suit.

(3.) The defendant put in defence for contesting the suit. But eventually the suit was decreed on compromise filed on 13-7-1979 and the Solenama was recorded on 1-9-1979.