MOHAMMED NAIMUDDIN Vs. MOHAMMED SAJID

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioner/defendant assailing the orders dtd. 26/7/2019 in I.A.No.708 of 2018 in O.S.No.131 of 2016, on the file of the learned Judge, Family Court -cum- VII Additional District Judge, Sangareddy.

(2.) This application in I.A.No.708 of 2018 was filed by the defendant under Order XII Rule 6 read with Sec. 151 of Civil Procedure Code (for short, CPC) to dismiss the main suit and also to grant exemplary costs under Sec. 35-A of C.P.C. on the ground that though defendant is always ready and willing to perform his part of contract, plaintiff was not ready and not willing to perform his part of contract, having given an undertaking to pay the balance sale consideration, failed to deposit the same. Thus, the suit of the plaintiff is liable to be dismissed by awarding exemplary costs.

(3.) Heard both sides. For the sake of convenience, the parties hereinafter referred as plaintiff and defendant as arrayed in the original suit.