Wazir Singh Choudary v. Ajay Pal Singh

CR No.2668 of 2018 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.2668 of 2018 Date of decision:06.12.2018 Wazir Singh Choudhary ... Petitioner Vs.

Ajay Pal Singh ... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Prateek Gupta, Advocate for the petitioner.

Mr. Neeraj Sharma, Advocate for the respondent.

AMIT RAWAL J. (Oral) The present revision petition is directed against the impugned order dated 08.12.2017, whereby, an application of the petitioner-defendant moved under Order 7 Rule 11 CPC, for rejection of the plaint, has been partly allowed by directing the plaintiff to pay the Court fee in a suit for mandatory injunction seeking specific performance of the agreement to sell dated 05.10.2012.

Mr. Prateek Gupta, learned counsel appearing on behalf of the petitioner-defendant submitted that suit for mandatory injunction seeking specific performance is not maintainable, therefore, the Court below ought to have rejected the plea.

Mr. Neeraj Sharma, learned counsel appearing on behalf of the respondent-plaintiff submitted that an application for amendment of the SAVITA KADIAN 2018.12.17 09:24 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.2668 of 2018 {2} plaint for incorporating the relief of specific performance is pending adjudication. No order has been passed in view of the interim order dated 26.04.2018 passed by this Court.

In view of such statement made by learned counsel for the parties, no cause of action survives in the present revision petition. However, liberty is granted to the petitioner to raise all possible pleas in the pending application.

Revision petition stands disposed of.

(AMIT RAWAL) JUDGE December 06, 2018 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2018.12.17 09:24 I attest to the accuracy and integrity of this document High Court Chandigarh