MANOJ Vs. MADHAVLAL SWARNKAR

JUDGEMENT

(1.) The instant civil revision petition under Sec. 115 of the Code of Civil Procedure, 1908 is directed against the Order dtd. 25/4/2022 passed by the Additional Senior Civil Judge No. 2, Bhilwara in Civil Original Case No. 25/2016 titled as "Madhavlal v. Manoj @ Manohar", whereby the prayer of the defendant-petitioner for passing the decree under the provisions of Order XXIII, Rule 3 of C.P.C. on the basis of an agreement, has been rejected.

(2.) The brief facts of the case are that plaintiff (respondent herein) filed a civil suit against defendant (petitioner herein) for possession of the house. As per plaintiff, house in dispute was given to the defendant for three months for residence purpose in the month of January, 2013. The defendant in his written statement averred that plaintiff agreed to sell house in dispute to defendant for a consideration of Rs.1,50,000.00 and after receiving the amount, he handed over possession of the said house to the defendant. He also filed counter suit for specific performance of the contract. The trial court after framing issues, posted the matter for plaintiff's evidence. On 22/2/2022, defendant has filed an application under Order XXIII, Rule 3 of C.P.C. to the effect that on 11/1/2022, both the parties entered into agreement in the presence of Chhotulal and Satyanarayan, whereby defendant agreed to pay further amount of Rs.7,70,000.00 to plaintiff and thereafter, plaintiff was required to execute sale-deed in his favour. As per averments made in the application, defendant paid a sum of Rs.40,000.00 to plaintiff for purchase of stamps. He was ready to pay Rs.7,70,000.00 to plaintiff, however, plaintiff demanded additional money. In the circumstances, defendant has prayed for passing of the decree in terms of the agreement arrived at between the parties out of the Court. The trial court after hearing both the parties, has disallowed the above prayer vide Order dtd. 25/4/2022. The trial court was of the opinion that agreement was required to be in writing and signed by the parties in accordance with law.

(3.) Heard learned counsel for the parties and perused the material available on record as also order impugned passed by the trial court.