JUDGMENT :

SHARAD KUMAR SHARMA, J.

1. The revisionist herein is a defendant in a civil suit, being Suit No. 19 of 2017, Smt. Neelam Maini vs. Sachin Phul, as it was instituted before the Court of Senior Civil Judge, Kotdwar, District Pauri.

2. The suit thus instituted, the plaintiff has claimed for a grant of relief for specific performance of an agreement for sale in relation to the property, which was described in Para 1 of the plaint. During the pendency of the Suit, and after the exchange of the pleadings, the learned Trial Court had framed the following issues:

“(i) Whether agreement to sell dated 15.09.2016 was executed between the parties?

(ii) Whether the defendant has not complied with the conditions of the agreement to sell dated 15.09.2016?

(iii) Whether the plaintiff has not properly valued the suit?

(iv) Whether the court fees paid by the plaintiff is insufficient?

(v) Whether the suit is barred by the provisions of Limitation Act?

(vi) Whether the plaintiff is entitled to get the relief claimed?”

3. In the suit in question, the present revisionist had earlier filed an application, invoking the provisions contained under Order 7 Rule 11 of CPC, from the view point that there was