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2015 Supreme(Raj) 604

VINEET KOTHARI
Union of India, Finance Ministry, Revenue Department, New Delhi – Appellant
Versus
Sohan Lal – Respondent


Advocates:
Advocate Appeared:
Mr. N.K. Rai, Special PP for the petitioner-Union of India
Mr. Muktesh Maheshwari, Mr. Aakash Kukkar for the respondents

ORDER :

1. By the impugned order dated 03.03.2011, the learned trial court of the Additional District Judge (Fast Track) No.2, Bhilwara has rejected the application of the defendant No.2-Union of India in the present suit for specific performance, which was filed by the plaintiff-Sohan Lal s/o Shankar Lal against the vendor-Om Prakash s/o Motilal in respect of a suit property situated at Plot No.3, Ashok Nagar, Bhilwara.

2. The defendant No.1-Om Prakash s/o Motilal was declared an absconder in the trial under the NDPS Act and the proceedings for attachment of his property were undertaken by the Union of India under Chapter VI Part C – Proclamation and Attachment containing the provisions from Section 82 to Section 86 in Cr.P.C. The objections against such attachment were raised by the plaintiff-Sohan Lal before the concerned Chief Judicial Magistrate, but before such objections could be decided, the plaintiff-Sohan Lal also filed the present suit for specific performance against the vendor-Om Prakash impleading the Union of India and the State Government also as defendants No.2 & 3 respectively in the said suit.

3. The Union of India filed an application under Order 7 Rule 11 read wit



































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