The duty of the trial court to ascertain the material facts for cause of action and the consequences of filing a frivolous and vexatious suit.

ORDER :

1. By way of present First Appeal under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”), the original plaintiff has challenged the order dated 24.08.2022 passed below Exhs.30 and 33 by the learned Principal Senior Civil Judge, Sanand in Special Civil Suit No. 10/2022 by which the learned Judge has accepted application Exhs.30 and 33 filed by the respondent herein under Order VII Rule 11(a) of the CPC and dismissed the suit being Special Civil Suit No. 10/2022.

2. We have heard learned advocate Mr. P.A. Devmorari appearing for the appellant and learned advocate Mr. Saurabh Amin appearing for respondent No. 1 and learned advocate Mr. A.D. Thakore appearing for respondent No. 5.

3. The short facts arising from the record of the case are as follows:

3.1 That, the present appellant filed a Special Civil Suit No. 10/2022 in the Court of learned Principal Senior Civil Judge, Sanand (hereinafter referred to as “learned trial Court”) for specific performance of an Agreement dated 01.01.2021 allegedly entered into between the original plaintiff and original defendant No. 2 viz. Vanrajsinh Ranjitsinh Vaghela and also asked for various reliefs with regard to land being Revenue Block/Survey No. 1045 of village Kunvaar, Taluka Sanand, District Ahmedabad (hereinafter referred to as “land in question”). Following prayers (Translation from paragraph No. 12 of the plaint) were made by the original plaintiff before the learned trial Court:

“(a) The defendant no. 2 of this case on behalf of and upon clear instruction as well as consent of defendant no. 1 agreed to sell the old tenure agricultural land admeasuring Hector-00, Are-92, Sq.Mts.-00 i.e. 9200 Sq. Mts. of Account No. 630, Block/Survey No. 1045 paiki of Moje Village: Kunvar of Taluka and Sub- District : Sanand of District Ahmedabad to the plaintiff in Rs.1,12,19,512/- and accepted Rs.5,68,240/- from the plaintiff towards part sale consideration as well as earnest money and also executed one Notarized Agreement for Sale in favour of the Plaintiff on 01/11/2021. Kindly pass an Order and decree in favour of the plaintiff and against the defendant no. 1 and defendant no. 2 that the defendant no. 1 and 2 comply with the said agreement for sale and by accepting remaining sale consideration of Rs.1,06,51,272/- from the plaintiff, the defendant no. 1 may be directed to execute Absolute Registered Sale Deed of the said land in favour of the plaintiff and hand over the peaceful, vacant and actual possession of the said land to the plaintiff. Moreover, kindly pass an Order and decree in favour of the plaintiff and against the defendant no. 1 and defendant no. 2 that even after the order of the Hon’ble Court, if the defendant no. 1 fails to execute Registered Sale Deed in favour of the plaintiff and handing over peaceful, vacant and actual possession of the said land, the Hon’ble Court may appoint Court Commissioner and got Absolute Registered Sale Deed executed for the said land through the Court Commissioner for and on behalf of the defendant no. 1 and peaceful, vacant and actual possession of the said land be handed over to the plaintiff.

(b) Kindly pass an Order and decree in favour of the plaintiff and against the defendants declaring the Registered Sale Deed executed by the defendant no. 1 in favour of the defendant no. 5 regarding the old tenure agricultural land admeasuring Hector-00, Are- 92, Sq.Mts.-00 i.e. 9200 Sq. Mts. of Account No. 630, Block/Survey No. 1045 paiki of Moje Village: Kunvar of Taluka and Sub-District Sanand of District Ahmedabad on 06/12/2021, which is registered at Sr. No. 19827, to be false, illegal, null and void ab initio, only paper transaction and not binding to the plaintiff.

(c) Kindly grant permanent injunction in favour of the plaintiff and against the defendant no. 5 that the defendant no. 4 herein shall not transfer or assign the old tenure agricultural land admeasuring Hector-00, Are-92, Sq.Mts.-00 i.e. 9200 Sq. Mts. of Acco