ANUP DUTTA Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS Original Side Appeal has been directed against the order dated 13.12.2005 of the learned Single Judge in OMP No. 301 of 2005 in Civil Suit No. 38 of 2005, whereby he has dismissed the application under Order 39 Rules 1 and 2 of the Code of Civil Procedure of the appellant/plaintiff (hereinafter referred to as 'the plaintiff ' for convenience sake).

(2.) BRIEF facts necessary for the adjudication of this Original Side Appeal are that the plaintiff has filed a suit for specific performance of agreement dated 3.7.2002 executed between respondent - defendant No. 1 and plaintiff in respect of the land as detailed in the plaint and also for declaration to the effect that document dated 24.7.2002 and 25.7.2002 be declared void and inoperative against the rights of the plaintiff and the sale deeds No. 1054 dated 19.9.2003, 1104 dated

(3.) THE defendants filed replies to the application preferred by the plaintiff under Order 39 Rules 1 and 2 of the Code of Civil Procedure. The learned Single Judge dismissed the OMP No. 301/2005 and vacated order dated 14.7.2005 on 13.12.2005. The present appeal has been preferred against the order dated 13.12.2005.