DWARIKA PRASAD BAJPAI Vs. KEDAR PRASAD BAJPAI

JUDGEMENT

(1.) This pplication under Article 227 of the Constitution of India ('the said application' in short) against order No. 116 dated July 30, 2002 passed by the learned Judge, Thirteen Bench, City Civil Court at Calcutta in Title Suit No. 973 of 1990.

(2.) The plaintiff/petitioner instituted the said suit against the opposite parties, inter alia, for declaration that the conveyance of the suit property by the defendant No. 2 to the defendant No. 1 was invalid, void and/ or voidable and not binding upon the plaintiff. It was contended in the plaint that the opposite party No. 2 entered into an agreement for sale of the disputed property with the plaintiff and the defendant No. 1 on March 9, 1978, inter alia, agreeing to convey the suit property in favour of the plaintiff and the defendant No. 1 jointly. The defendant No. 2 accepted Rs. 5,001/- towards the earnest money at the time of execution of the said agreement. The plaintiff and the defendant No. 1 instituted Title Suit No. 504 of 1985 in the City Civil Court at Calcutta, inter alia, for specific performance of the said contract against the defendant No. 2. The defendant No. 1 was allegedly looking after the said case, but the said suit was dismissed for default without the knowledge and consent of the plaintiff. Subsequently, the defendant No. 2 conveyed the suit property in favour of the defendant No. 1 by virtue of a registered conveyance dated March 30, 1990.

(3.) The defendants are contesting the said suit.