Back
HIGH COURT OF MADHYA PRADESH
SMT. ANJULI PALO, J
SHARAD AGRAWAL – Appellant
Versus
SMT DRAUPADI SHUKLA – Respondent
| Table of Content |
|---|
| 1. overview of the petition and civil suit context. (Para 1 , 2 , 4 , 5 , 6) |
| 2. arguments on the necessity of party status in specific performance cases. (Para 7 , 8 , 12) |
| 3. court observations and reasoning on party claims and conclusion. (Para 9 , 10 , 13) |
ORDER
1. This petition has been filed by the petitioner under Article 227 of the Constitution of India challenging the order (Annexure P-7) dated 6.9.2018 passed by Third Additional District Judge, Satna in M.J.C. No.9/2011.
2. The facts, in short, giving rise to this petition are that respondent No.1/plaintiff filed a civil suit bearing No. 25-A/2010 against defendants/respondent Nos. 2 and 3 claiming relief of specific performance of agreements dated 26.5.2006. The defendants/respondent Nos. 2 and 3 proceeded ex-parte. The trial Court passed ex parte judgment and decree (Annexure P-1) dated 9.5.2011 directing defendant/respondent No.2 Narad Muni Tiwari to execute registered sale deed within two months, failing which the Court shall execute the same.
3. Defendant/respondent No. 2 filed an application bearing MJC No.
9/2014 under Order 9 Rule 13 of CPC for setting aside ex-parte decree, which was dismissed by Third Add
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
