OM PRAKASH GUPTA Vs. ARBIND KUMAR

JUDGEMENT

(1.) THIS civil revision has been filed by the sole defendant-appellant-petitioner challenging order dated 7.6.2008, by which the learned Additional District Judge-cum-F.T,C.-ll, Madhepura, dismissed Misc. Appeal No. 5 of 2006, which was filed by the petitioner challenging order dated 7.8.2006, passed by the learned Civil Judge, Sr. Division, Madhepura, dismissing Misc. Case No, 1 of 2004 filed by the petitioner under Order IX Rule 13 of the Code of Civil Procedure (hereinafter referred to as 'the Code' for the sake of brevity).

(2.) THIS civil revision arises out of Title Suit No. 75 of 2002, which was filed by the sole plaintiff-respondent-opposite party against the sole defendant-appellant-petitioner for specific performance of contract on the basis of an alleged agreement dated 8.1.1998 for selling 8 dhurs of land with house for a consideration of Rs. 50,000.00, out of which Rs. 19,000.00 was paid as advance. It was incorporated in the said agreement for sale that the sale-deed would be executed and registered on 15.12.2000 and Chirkut would be handed over to the plaintiff, only on receipt of the remaining consideration amount of Rs. 31,000.00.

(3.) IT was also averred that the said service was effected Bala-bala and the witness of the service report, namely, Jay Prakash Gupta was never examined in the miscellaneous case. Learned counsel for the petitioner further claimed that the suit was of 2002 and was decided in haste-post-haste manner in the year 2003 at the instance of the plaintiff as the agreement for sale relied upon by the plaintiff was a forged and fabricated document and no such agreement was ever executed by the plaintiff for sale of the suit land in favour of the defendant.