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2018 Supreme(P&H) 2783

ANIL KSHETARPAL
Lakhpat Singh – Appellant
Versus
Nirmal – Respondent


Advocates Appeared:Mr. Kanwaljit Singh, Sr. Advocate, with Mr. Manoj Kumar Sood, Advocate, for the appellants (in RSA No.4181 and 4224 of 2012)
Mr. Adarsh Jain, Advocate, for respondent no.7(in RSA No.4181 of 2012) for respondent no.11(in RSA No.4224 of 2012)
Mr. S.K.Garg Narwana, Sr. Advocate, with Mr. Vishal Garg, Advocate, for respondent No.1 (in RSA No.4181 and 4224 of 2012)
Mr. Sanjay Vashisth, Advocate, for respondent no. 2 (in RSA No. 4181 of 2012) and for respondent no.6 (in RSA No. 4224 of 2012)

JUDGMENT

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














































































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