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2005 Supreme(P&H) 835

AJAY K.MITTAL
Rajesh Grover – Appellant
Versus
Rita Khurana – Respondent


Judgment

Ajay Kumar Mittal, J.

1. This is a revision petition under Article 227 of the Constitution of India challenging order dated 3.6.2005 passed by the Additional Civil Judge (Senior Division), Gurgaon whereby application for rejection of plaint filed by the petitioner under Order 7, Rule 11 of the Code of Civil Procedure (for short "the Code") has been declined.

2. It has been averred in the petition that suit No. 684/1996-97 "Vinod Khurana v. Rajesh Grover and others" was filed on 5.12.1996. The reliefs claimed in the said suit were:

(a) The agreement to sell dated 18.10.1996 in respect of the suit property should remain to subsist till the defendants (petitioner herein) complete the statutory obligation.

(b) A decree for mandatory injunction be also passed directing the defendants to obtain income tax clearance or to sign requisite papers to get the income tax clearance under Section 230-A(i) of Income Tax Act.

(c) to get the property in dispute mutated in their name.

(d) a decree for permanent injunction be issued against the defendants (petitioner herein).

3. The plaintiff in the said filed an application for amendment of plaint under Order 6, Rule 17 of the Code claiming r
















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