CAV Judgment

1. The plaintiff/appellant has challenged the judgment and decree passed by the learned IVth Additional District Judge, Durg (C.G.) in Civil Suit No. 1234766-A/2010 dated 17.10.2017, whereby the Civil Suit preferred by the plaintiff was dismissed.

2. Vide order dated 19.02.2024, an application under Order VI Rule 17 of the CPC (I.A. NO. 6 of 2024) regarding the amendment in the plaint with respect to refund of the earnest amount/advance money sought by the plaintiff/appellant was allowed by this Court and the plaintiff/appellant was permitted to carry out the necessary amendment in the plaint within a period of 7 days. The aforesaid relief was sought by the plaintiff/appellant in light of the judgment rendered by the Hon’ble Supreme Court in the matter of Desh Raj v. Rohtash Singh, (2023) 7 SCC 714.

3. The facts of the present case are that the appellant/plaintiff filed a suit for specific performance of the contract inter alia on the ground that an agreement was entered into between the plaintiff/appellant and Subhadra Bai on 23.01.2006 vide Ex.-P/1 wherein Subhadra Bai/original defendant No. 1 had agreed to sell the suit house i.e. HIG No. 37 situated at Housing Board