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2012 Supreme(Raj) 575

PRASHANT KUMAR AGARWAL
Banwari Lal – Appellant
Versus
Anand – Respondent


Advocates Appeared
Hansraj Kuldeep, for Petitioner;
Satish Khandal, for Respondents

Hon'ble AGARWAL, J.—Heard learned counsel for the parties.

2. The defendants-petitioner has preferred this civil revision petition under Section 115 of the Code of Civil Procedure against the impugned order dated 7.3.2009 passed by Additional District Judge Kotputli (District Jaipur) in Civil Suit No. 45/2007 whereby the learned Court below has dismissed the application under Order 7 Rule 11 CPC filed by the petitioner.

3. Brief relevant facts for the disposal of this revision petition are that the plaintiff-non-petitioners filed a suit for specific performance of contract and permanent injunction against the defendant-petitioner on 1.10.2007 in the Court below with the averment that the petitioner agreed to sell 0.10 hectare land out of an agriculture land of his khatedari comprising in Khasra No. 1080 in lieu of sale consideration of Rs. 50,000/- and in this regard an agreement to sell was also executed on 10.5.2002. It was also averred that the entire amount of sale consideration was paid to the petitioner on the same day and physical possession was also handed over to the non-petitioners. It was further submitted that the petitioner undertook and made a promise that he will get t




















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