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2023 Supreme(P&H) 690

NIDHI GUPTA
Saroj Kalia – Appellant
Versus
Lakhwinder Singh – Respondent


Advocates appeared:
Mr. Punit Jindal, Senior Advocate with Mr. Raghav Kakkar, Advocate for the petitioner.
Mr. Vijay Kumar Jindal, Senior Advocate with Mr. Pankaj Gautam, Advocate for the respondent.

NIDHI GUPTA, J.

Present Revision Petition has been filed by the defendant seeking setting aside of impugned order dated 04.05.2018 (Annexure P1) passed by learned Additional Civil Judge (Senior Division), Patiala whereby application filed by the petitioner/defendant under Order 7 Rule 11 CPC for rejection of the plaint has been dismissed.

2. Brief facts of the case are that the respondent/plaintiff filed Civil Suit No.1223 of 2017 titled as “Lakhwinder Singh Vs. Saroj Kalia” on 22.08.2017 (Annexure P8) against the petitioner/defendant seeking specific performance of Agreement to sell dated 28.03.2005 (Annexure P8/A) regarding property measuring 420 square meters situated at House No.A-20/15, DLF Phase-I, Qutab Enclave Complex, Chakkarpur Tehsil, District Gurugram, Haryana (hereinafter referred to as “the suit property”). Respondent/plaintiff also sought a decree for permanent injunction. It is the plaintiff’s case that the petitioner/defendant and her late husband Sh. Surender K. Kalia had entered into the above said Agreement to sell dated 28.03.2005 with the plaintiff/respondent. Accordingly, plaintiff/respondent sought the issuance of a direction to the petitioner/defendant to exe

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