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2008 Supreme(HP) 18

KULDIP SINGH
S. S. Multani – Appellant
Versus
Vaneeta Jain – Respondent


Advocates:
For the Petitioner:- Mr. G.D. Verma, Sr. Advocate with Mr. B.C. Verma, Advocate.
For the Respondents:- Mr. C.P. Sood, Advocate, and Mr. Anand Sharma, Advocate.

JUDGMENT

(Kuldip Singh, J.) - This revision petition has been directed against the order dated 23.7.2007 passed in CMP NO. 262-S/6 of 2007 and order dated 2.8.2007 passed in CMP No. 305-S/6 of 2007 in Civil Suit No. 9-S/1 of 1997/85, by the learned District Judge, Shimla, dismissing the application of petitioner under Order 22 Rule 4, Order 8 Rule 1 read with Section 151 CPC and another application under Order 1 Rule 10, Order 8 Rule 1 read with Section 151 CPC.

2.The facts in brief are that Civil Suit No. 29 of 1985 for possession by specific performance of agreement dated 26.3.1982 was filed in this Court against P.S. Multani father of the petitioner. The suit on enhancement of pecuniary jurisdiction of lower courts, was assigned to the court of District Judge, Shimla where it was registered as Civil Suit No. 9-S/1 of 1997-95. The suit was decreed on 7.1.1998 and RFA No. 133 of 1998 was filed against the judgment, decree dated 7.1.1998, which was dismissed by this court on 29.8.2005. The plaintiff, besides other directions, was directed to deposit the sale consideration in the Registry of this Court within four weeks from 29.8.2005 for being paid to the defendant after the ex
















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