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RAHUL BHARTI
Vishal Gupta – Appellant
Versus
Japna Sharma – Respondent
JUDGMENT :
1. The petitioners in this case figured as defendants in a civil suit filed by the respondent herein on file no. 87/2021 before the Court of learned Additional District Judge (Commercial Court), Jammu instituted on 08.04.2021.
2. The civil suit filed by the respondent/plaintiff was suit for recovery of an amount of Rs. 17,30,000/- along with interest @ 24% per annum w.e.f. 02.06.2016 till its actual realization.
3. The respondent/plaintiff filed the civil suit by resorting to Order XXXVII of the Code of Civil Procedure, 1908 providing for summary procedure with regard to the specified suits.
4. The facts which led to the filing of the civil suit by the respondent/plaintiff against the petitioners/defendants in brief are that vide a Deed of Conveyance dated 02.06.2016 the respondent/plaintiff had agreed for the sale of lease hold rights qua plot no. 56 40 x 80 sq. ft. situated in Sector no. 4-JDA Housing Colony, Roop Nagar, Jammu which was held by the respondent/plaintiff from the Jammu Development Authority with a right reserved to transfer the same.
5. The conveyance deal between the respondent/plaintiff and the petitioners/defendants qua the aforesaid plot of land came to b
The judgment and decree passed under Order XXXVII of the CPC is amenable to routine appeal under Section 96 CPC, and a civil revision cannot split the judgment of the trial court.
The main legal point established in the judgment is the principle that the availability of a specific remedy of appeal as provided under the Code of Civil Procedure, 1908, renders a Civil Revision Pe....
Revision petitions under Section 115 are non-maintainable against orders passed under Section 96; appeal should be under Section 100 of the Code of Civil Procedure.
The court's decision was based on the interpretation of Section 115 of the Code of Civil Procedure, 1908, and the arguments regarding the maintainability of the suit under Section 92 of the same code....
The main legal point established in the judgment is the requirement of filing a certified copy of the decree along with the memorandum of appeal, and the court's consideration of the maintainability ....
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