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2023 Supreme(P&H) 1168

NIDHI GUPTA
Ram Kishore – Appellant
Versus
Jagan Nath – Respondent


Advocates appeared:
Mr. Sumit Sharma, Advocate for the petitioner.

NIDHI GUPTA, J.

Present revision petition has been filed by the petitioner/ appellant seeking setting aside of the order dated 13.9.2018 (Annexure P-1) passed by Additional District Judge, Palwal whereby application filed by the petitioner under Order 44 Rule 1 CPC to permit him to contest the appeal filed by him as an indigent person has been dismissed. Petitioner has also laid challenge to order dated 14.3.2019 (Annexure P-2) passed by ld. Addl. District Judge whereby the main appeal filed by the petitioner has also been dismissed for want of Court fee. Petitioner has further prayed for staying the execution proceedings in Execution Petition No.8 of 2020 titled as Jagan Nath v Ram Kishore.

2. Brief facts of the case are that the respondent/plaintiff filed a suit for specific performance of the agreements to sell dated 11.6.2009 and 16.6.2010 in respect of agricultural land fully detailed in para 2 of the revision petition for a total sale consideration of Rs.4.90 lacs. Agreement to sell dated 11.6.2009 was duly executed and registered in the office of Sub Registrar, Hodal vide document no.965 dated 11.6.2009 for which the respondent/ plaintiff paid the petitioner a sum of Rs.1.86 l

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