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2018 Supreme(P&H) 4078

AMOL RATTAN SINGH
Ram Kalan – Appellant
Versus
M/s H. k. s. Developers Private Limited – Respondent


Advocates Appeared:
Sanjay Vij, Advocate, for the Petitioner; Umesh Aggarwal, Advocate, for the Respondent

JUDGMENT

Amol Rattan Singh, J. - By this petition, the petitioner, who is the defendant in the suit filed by the respondent herein, challenges the order of the learned Civil Judge (Junior Division), Gurugram, dated 18.03.2013, by which the petitioners' application filed 'under' Order 7, Rule 11 of the Code of Civil Procedure has been dismissed.

Through its suit, the respondent-plaintiff (company) seeks decrees of prohibitory and mandatory injunction against the petitioner defendant, as also a declaration that the plaintiff be indemnified by the petitioner-defendant to the extent of all losses actually caused by the acts and conduct of the petitioner, in respect of the 'deal' relating to the suit properties, the said properties having been described in the plaint.

2. It was the case of the petitioner in his application under Order 7, Rule 11, that since the plaintiff had instituted the suit actually on the basis of an alleged agreement of sale dated 27.07.2006, therefore with the last date fixed for registration of the sale deed being 22.09.2006, and the suit having filed on 01.05.2010, with the plaintiff also claiming that possession of the suit land had been delivered to it vide th

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