REGENT COMPUTRONICS PVT. LTD.

Narender Kumar Nangia Appellant

V/S

Harjinder Pal Singh Respondents

Referred Judgements :-

JUDGEMENT

(1.) Petitioner has assailed the order dated 29.09.2015 passed by Civil Judge (Junior Division), Gurgaon vide which application under Order 7 Rule 11 CPC filed by the petitioner in Civil Suit No.48NK dated 08.02.2015 titled S. Harjinder Pal Singh Vs. Narinder Nangia and another was dismissed.

(2.) Plaintiff filed a suit for specific performance, possession and permanent injunction. The suit was filed on 08.02.2012. Para Nos.29 and 30 of the suit are to the following effect:-

(3.) Defendant No.1/petitioner filed an application under Order 7 Rule 11 CPC preliminary on the ground that the plaint does not disclose any cause of action and therefore, the plaint is liable to be rejected under Order 7 Rule 11(a) CPC. Defendant No.1 relied upon Article 54 of the Limitation Act to contend that the suit is time barred as the plaintiff seeks to enforce the alleged agreement to sell dated 26.07.2007. Defendant No.1 also assailed the plaint on other grounds i.e. the plaintiff has not paid the Court fee for the relief claimed and also the alleged agreement to sell being unregistered.

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NARENDER KUMAR NANGIA Vs. HARJINDER PAL SINGH

Referred Judgements :-

JUDGEMENT

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