MEGA SURYAURJA PRIVATE LIMITED Vs. BHANWAR SINGH

JUDGEMENT

(1.) The present revision petition has been preferred against the order dtd. 14/9/2023 passed by the learned Additional District Judge No.2, Bikaner in Civil Suit No.160/2021 whereby the application under Order 7 Rule 11, CPC as preferred by defendant Nos.8 & 9 has been rejected.

(2.) Three grounds have been raised by learned counsel for the petitioners before this Court. Firstly, that the agreement in question of which the specific performance is being sought, was executed only by defendant Nos.1 & 2 and defendant Nos.3 to 6 were not a party to it. Therefore, the said defendants cannot be directed to execute any sale deed in favour of the plaintiff, they being not the party to the agreement. Secondly, the specific performance of the agreement executed in the year 2016 has been sought in the year 2021. The same is clearly time barred as it was the specific term of the agreement that the execution of the same would be called upon/made within a period of 60 days. Thirdly, the present suit has been preferred by Bhanwar Singh through his power of attorney holder Gautam Chand Sankhla and a bare perusal of the power of attorney as annexed along with the plaint makes it clear that, in effect, Bhanwar Singh has entered into an agreement to sell in favour of Gautam Chand Sankhla and hence, the person in whose favour an agreement to sell has been executed cannot be the power of attorney holder.

(3.) Heard learned counsel for the parties.