GIAN CHAND Vs. BIMAL KUMAR

JUDGEMENT

(1.) Plaintiff Gian Chand, aggrieved by order dated 07.01.2012 (Annexure P-5), passed by learned Civil Judge (Junior Division), Ludhiana, thereby dismissing application (Annexure P-3) moved by plaintiff for amendment of plaint, has filed this revision petition under Article 227 of the Constitution of India to challenge order Annexure P-5.

(2.) Plaintiff-petitioner has filed suit on 27.06.2007 against defendant-respondent Bimal Kumar vide plaint dated 22.06.2007 (Annexure P-1) inter alia for mandatory injunction to comply with agreement/family settlement dated 22.07.2004 and to hand over vacant possession of the suit property to the plaintiff and for execution of requisite sale deed and also for permanent injunction. It has been primarily pleaded that as per impugned agreement/family settlement dated 22.07.2004, the plaintiff had to pay Rs.38,00,000/- to the defendant, who received Rs.3,00,000/- at the time of execution of the agreement and balance amount of Rs.35,00,000/- was to be paid on or before 05.02.2005, which was also the date stipulated for execution of the sale deed.

(3.) Defendant moved application dated 04.08.2007 (Annexure P-2) under Order 7 Rule 11 of the Code of Civil Procedure (in short CPC) for rejection of plaint inter alia on the ground that ad valorem court fee on value of the suit property has not been paid and that suit for injunction is not maintainable because the plaintiff has to seek relief of specific performance of the impugned agreement.