SURESH CHAUDHARY Vs. RAKESH SINGHAL AND ORS.

JUDGEMENT

(1.) In the present petition, defended - Petitioner has invoked jurisdiction of this Court under Article 227 of the Constitution of India, assailing the order dated 16.11.2006 passed by the Civil Judge, Junior Division, Chandigarh, whereby the trial Court has held that the suit filed by the Plaintiff - Respondent is not barred by Order 2 Rule 2 Code of Civil Procedure.

(2.) Brief facts of the present case are that an agreement to sell was executed between the parties on 25.1.1988. In the agreement to sell, following terms and conditions were settled between the parties:

(3.) Initially Plaintiff- Respondent filed a suit for injunction against the Defendant: Petitioner herein restraining the Defendant from alienating the suit property in favour of third party. However, the aforesaid suit was withdrawn unconditionally. Thereafter, Plaintiff filed suit for recovery of Rs. 8,33,510/-.