VIRENDER Vs. RAMESH RANI AND ORS.

JUDGEMENT

(1.) This order of mine shall dispose of two revision petition bearing Nos. 978 of 2015 against the order declining the application under Order 7 Rule 11 filed at the instance of the petitioner and 8165 of 2015 has been filed by the petitioner against the order closing the evidence by order. Mr. Sushil Jain, learned counsel appearing on behalf of petitioner submits, that suit for declaration challenging the withdrawal of the GPA was not maintainable as remedy for the respondent -plaintiff was to seek specific performance of the agreement to sell. I am of the view that since the suit has already reached the stage of the evidence of the plaintiff, it is to late to seek a simple dismissal of the suit as it involves mixed question of fact of law.

(2.) Keeping in view the aforementioned facts, I do not intend to differ with the findings rendered while declining the application.

(3.) Accordingly revision petition No. 978 of 2015 is dismissed.