LEGAL REPRESENTATIVES OF LATE SHRI NARENDRA SINGH BHATI AND OTHERS Vs. LEGAL REPRESENTATIVES OF LATE SHRI FATEH SINGH RATHORE AND OTHERS

JUDGEMENT

(1.) "The Code of Civil Procedure was enacted keeping the principles of natural justice as paramount. Enough filters and safeguards have been provided to ensure that no interested party is left unheard and no issue unattended. Legislating such a comprehensive Code, they hardly realised that in years to come, the litigants would master the art of using such salutary provisions of the Code to delay and in turn defeat the justice." The present one is a glaring example of such an attempt to clog the course of justice.

(2.) The facts are copious, but they need to be narrated for the sake of clarity.

(3.) Narendra Singh Bhati, father of the present petitioner had filed a suit under Section 28 and 30 of the Specific Relief Act against Fateh Singh, seeking performance of an agreement to sell dated 17.05.1989. Para No. 2 of the plaint catalogued details of the property admeasuring approx. 25 bighas, described as "Uttarayan" which comprised of a bungalow, cottage, well and servant quarters duly covered by the said agreement to sell dated 17.05.1989. An acknowledgement to hand over the possession of the property was purportedly enclosed with the said agreement, wherein it has been indicated that possession of the property "Uttaryan" along with agriculture land, more particularly described in the Schedule annexed with the agreement to sell had been handed over. A photo copy of the contentious agreement had been placed on record, however, the schedule allegedly appended with the agreement has not been produced.