ANIL KSHETARPAL
Lakhpat Singh – Appellant
Versus
Nirmal – Respondent
Mr. Anil Kshetarpal, J. - By this judgment, two appeals i.e. Regular Second Appeal Nos. 4181 and 4224 of 2012 between the same parties represented by common counsels in an inter related suits shall stand disposed of. Counsel for the parties are also agreed that both the appeals can be disposed of by a common judgment.
2. Defendant no.1-appellant along with others are in the regular second appeal against the judgments passed by both the courts below granting decree for possession by way of specific performance of the agreement to sell and in the second suit decree for permanent injunction. In the considered view of this court, following substantial questions of law arise for consideration:-
(i) Whether courts must make sincere attempt to lift the veil and expose the sinister design even in civil litigation?
(ii) Whether application for amendment of pleadings is allowed, courts can overlook the unamended pleadings part of the record?
(iii) Whether an agreement to sell followed by execution and registration of the sale deed can be set aside on the basis o
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.