AKHIL GARG Vs. CHANAN SINGH

JUDGEMENT

(1.) The present revision petition has been filed under Art. 227 of the Constitution of India for setting aside the impugned order dated 07.03.2017 (Annexure P-5) passed by the Additional Civil Judge (Senior Division), Assandh, whereby, the application moved by the petitioner under Order 22, Rule 10 read with Sec. 151 Code of Civil Procedure has been dismissed.

(2.) Briefly, the facts of the case, as made out in the petition, are that plaintiff/respondent Surat Singh filed a suit for possession by way of specific performance of contract with consequential relief of permanent injunction stating that defendant entered into an agreement to sell the land, in dispute, in favour of plaintiff vide agreement to sell dated 29.10.2009. Said agreement to sell was reduced into writing in the presence of witnesses. The defendant had received an amount of Rs.15 lacs as earnest money from plaintiff in the presence of the witnesses and agreed that sale deed would be executed and get registered on 30.01.2010. The final date for execution and registration of sale deed was fixed as 30.01.2010. The amount of Rs.9 lacs was paid to the defendant in the presence of witnesses and a receipt in this regard was also issued. The dates fixed i.e 30.01.2010 and 31.01.2010 were holidays. The plaintiff reached in the Office on 01.02.2010 and waited there but the defendant did not turn up. As per case of the plaintiff, he was ready and willing to perform his part of contract and as also sent a registered A.D notice to the defendant but the defendant did not turn up to perform his part of contract. The suit was contested by filing written statement by the defendant.

(3.) During pendency of the suit, an application was moved under Order 22, Rule 10 read with Sec. 151 Code of Civil Procedure by applicant-Ankit Garg for impleading him as plaintiff in place of plaintiff, who died during pendency of the suit on the basis of Will dated 09.06.2016 by deleting the name of Narain Singh etc. i.e natural legal representatives of Surat Singh-plaintiff (deceased). Said application was dismissed vide order dated 07.03.2017, which is subject matter of challenge in the present petition.