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2022 Supreme(Raj) 3038

SUDESH BANSAL
Ram Gopal Busar – Appellant
Versus
Bidam Devi – Respondent


Advocates Appeared:
Mr. L.L. Gupta Mr. Vikram Jonwal, for the Appellant; Mr. J.P. Goyal, Sr. Advocate assisted by Ms. Jyoti Swami & Mr. Ram Chandra Sharma, for the Respondent

JUDGMENT

1. Petitioner-defendant No.1 has preferred this revision petition under Section 115 CPC assailing the order dated 13.01.2021 passed by Additional District Judge No.3, Jaipur District, Jaipur in Civil Suit No.185/2019 whereby and whereunder petitioner’s application under Order VII Rule 11 CPC has been dismissed.

2. Heard counsel for both parties and perused the impugned order and the plaint as also the other material placed on record.

3. It appears from the record that respondent-plaintiffs have instituted the civil suit for specific performance of contract on the basis of an agreement dated 26.09.1998 in relation to the agricultural land in question and it has been averred that total sale consideration was agreed to the amount of Rs.9,81,000/- and out of which Rs.1,00,000/- was paid and the rest was to be paid at the time of registration of sale deed. It is averred that in the agreement, it was mentioned that since the agricultural land is not mutated in the name of vendor, therefore, after getting the mutation, he will inform and then the sale deed would be registered.

4. Learned counsel for petitioner submits that in the agreement dated 26.09.1998, a time limit was fixed for

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