ASHOK KUMAR YADAV Vs. NOBLE DESIGNS PVT LTD

JUDGEMENT

(1.) The sole defendant in CS No. 318 of 2004 has taken out this application (GA 1729 of 2005) under S. 10 of the Code of Civil Procedure, 1908 for an order staying all further proceedings in the suit.

(2.) The plaintiff and the defendant, in CS No. 318 of 2004, entered into an agreement for sale dated September 14, 2001. The agreement was with respect to certain land located in Patna. In terms of Cl. 17 of that agreement the plaintiff was to execute and give an irrevocable general power of attorney to the defendant, and that power was to be governed by the provisions of that agreement. The terms and conditions of the agreement were to prevail in case of conflict between the power and the agreement.

(3.) Alleging that the members of the Hindu undivided family of which the plaintiff was the Karta, failed and neglected to carry out their obligations in terms of the agreement for sale, the defendant, as plaintiff, filed title suit No. 271 of 2004 in the Court of the first subordinate Judge in Patna; it filed that suit on July 24, 2004. It impleaded one Manvendra Singh as the second set defendant in that suit. It prayed for a decree for specific performance of contract for sale of the land. The first set defendant in that suit filed their written statement on April 25, 2005. That suit is pending decision.