HIGH COURT OF DELHI
RAMESH KUMAR DANG & ORS. – Appellant
Versus
TARUN WADHWA – Respondent
CM(M)-1020/2022
CM(M) 1020/2022
Page 1 of 15
$~55
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+
CM(M) 1020/2022 & CM APPL. 42135/2022, CM APPL.
42136/2022
RAMESH KUMAR DANG & ORS.
..... Petitioners
Through:
Mr. Abhishek Kumar, Adv.
versus
TARUN WADHWA
..... Respondent
Through:
Mr.
Ankur
Mahindro,
Mr.
SHresth
Choudhary
and
Mr.
Soumil
Gonsalves, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
J U D G M E NT (ORAL)
%
27.09.2022
1.
This petition, under Article 227 of the Constitution of India,
assails order dated 7th June 2022, passed by the learned Additional
District Judge (“the learned ADJ”) in Civil Suit 11571/2016 (as re-
numbered) (Ramesh Kumar Dang v. Tarun Wahdwa).
2.
By the said order, the learned ADJ has dismissed the application
of the petitioners, as the plaintiffs in the suit, for review of an earlier
order dated 31st August 2015, passed therein. The order dated 31st
August 2015 allowed an application of the respondent, as the
defendant in the suit, preferred under Order VII Rule 111 of the Code
111. Rejection of plaint.- The plaint shall be rejected in the following cases:—
(a)where it does not disclose a cause of action;
(b)where the relief claimed is undervalued, and the plaintiff, on being required by the court to correct
the valuation within a time to be fixed by the court, fails to do so;
This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/004066
CM(M) 1020/2022
Page 2 of 15
of Civil Procedure, 1908 (CPC), in part.
3.
The issue in controversy is limited; ergo, a brief recital of facts
would suffice.
4.
The petitioners, as the plaintiffs in Civil Suit 611571/2016,
sought specific performance of an agreement to sell dated 5th February
1990, along with injunctive reliefs.
5.
The prayer clause in the suit read thus:
“In view of the facts and circumstances of the case and in the
interest of justice it is therefore most respectfully prayed that
this Hon'ble court may graciously be pleased to pass a decree
of
Specific
Performance,
Permanent
and
Mandatory
injunction
a)
to direct the defendant to execute sale deed in
favour of the plaintiff in respect of the property bearing
no. 1052/14, Pan Mandi, First Floor, Sadar Bazar,
Delhi -110006 alongwith second floor and roof/terrace
upto sky high as per the agreement dt. 05.02.1990
executed between father/ grandfather of plaintiffs Late
Sh. Laxmi Narain and Late Smt. Krishna Devi, mother
of the defendant, being only legal heir of the late Smt.
Krishna Devi as shown in red colour in the site plain
annexed with this plaint and to receive the remaining
balance amount of Rs.2,50,000/- from the plaintiffs.
(c)where the relief claimed is properly valued, but the plaint is written upon paper insufficiently
stamped, and the plaintiff, on being required by the court to supply the requisite stamp paper within
a time to be fixed by the Court, fails to do so;
(d)where the suit appears from the statement in the plaint to be barred by any law;
(e)where it is not filed in duplicate;
(f)where the plaintiff fails comply with the provision of Rule 9.
Provided that the time fixed by the court for the correction of the valuation or supplying of the requisite
stamp papers shall not be extended unless the court, for reasons to be recorded, is satisfied that the
plaintiff was prevented by any cause of an exceptional nature from correcting the valuation or supplying
the requisite stamp papers, as the case may be within the time fixed by the court and that refusal to
extend such time would cause grave injustice to the plaintiff.
This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/004066
CM(M) 1020/2022
Page 3 of 15
b)
to declare the rent agreements dt. 23.05.1989 in
respect of suit property executed between the late Sh.
Laxmi Narain and Late Smt. Krishna Devi as null and
void after execution of bayana cum agreement to sell
dt. 05.02.1990;
c)
to declare the rent re