Decided on July 10,2018

Dhanraj Surana Appellant
Hiran Sen @ Hiren Sen And Anr Respondents


Kalyan Rai Surana, J. - (1.) Heard Mr. O.P. Bhati, learned Advocate for the petitioner. Also heard Mr. S.S. Sharma, learned Senior Advocate, assisted by Ms. L. Sharma, and Mr. B.J. Mukherjee, learned Advocates for the respondent No.1. None appears on call for respondent No.2.
(2.) By this application under Order XLIII Rule 1(u), read with Section 151 CPC, the appellant has challenged the First Appellate judgment and order dated 13.10.2010, passed by the learned Additional District Judge (FTC), Bongaigaon in Title Appeal No. 4/2008, thereby remanding the proceedings of Title Suit No. 17 of 2001 back to the learned trial Court i.e., the Court of learned Civil Judge, Bongaigaon for simultaneous trial with Title Suit No. 20/2001, after setting aside the judgment and decree dated 20.06.2008 passed by the learned trial Court in T.S. No. 17/2001.
(3.) The brief facts of the case are that the respondent No. 1 herein, namely, Sri Hiren Sen is the plaintiff in Title Suit No. 20/2001. In the suit, the respondent No.1 had projected that by a written agreement for sale dated 03.11.2000, the respondent No. 2 herein, namely, Sri Lachand Lalwani had agreed to sell the suit land to the respondent No.1 at a sale consideration of Rs.8,25,051/-. Prior to the institution of the said suit, the appellant herein, namely, Dhanraj Surana had instituted Title Suit No. 17/2001 before the same learned Court i.e. Court of learned Civil Judge, Bongaigaon. In the said suit, it was projected that by an oral agreement made on 21.09.2000, the respondent No.2 had agreed to sell the suit land to the appellant at a sale consideration of Rs.3,50,000/- only. On 21.09.2000, a further of Rs.20,000/- was paid by the appellant in cash as part consideration. Thereafter, on 31.03.2001, a further sum of Rs.25,000/- was paid in cash to the respondent No.2 without any money receipt as the respondent No. 2 was undergoing treatment at Chennai, as such, the sale consideration was enhanced to Rs.4,50,000/-.;

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