Amrit Pal Singh vs Kawaljeet Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
DINESH KUMAR SHARMA
Amrit Pal Singh – Appellant
Versus
Kawaljeet Singh – Respondent

Table of Content
1. agreement details and payment history. (Para 1 , 6 , 8)
2. challenging trial court's findings. (Para 2 , 3 , 4 , 5)
3. defendant's defense and legal thresholds. (Para 9 , 10 , 17)
4. court's discretion under order xii rule 6 cpc. (Para 11 , 20 , 21 , 24)
5. final order and judgment delivery. (Para 30 , 31)

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

C.R.P. 84/2021& CM APPL.41568/2021 (filed on behalf of petitioner for directions)

1. Present revision petition has been filed challenging the impugned order dated 25.10.2021, whereby an application under Order XII Rule 6 CPC has been dismissed by the learned Trial Court holding inter alia as under:

"10. The present case of the plaintiff is that of seeking refund of the money under the agreement to sell dated 12.08.2012. In the present case the defendant has raised triable issue relating to the matter of possession not taken due to non-arrangement of the balance amount. The defendant has also alleged that the plaintiff does not want to complete the deal. The defendant has not denied the agreement to sale and its Legal Notice but it cannot be said that the defendant has admitted the entire case of the plaintiff unequivocally a

Click Here to Read the rest of this document

DELHI HIGH COURTDINESH KUMAR SHARMAAmrit Pal Singh – AppellantVersusKawaljeet Singh – Respondent

DELHI HIGH COURT
DINESH KUMAR SHARMA
Amrit Pal Singh – Appellant
Versus
Kawaljeet Singh – Respondent