STATE OF H.P. Vs. BALWINDER KUMAR ALIAS JAGGA

JUDGEMENT

(1.) -Heard learned counsel for the petitioner as well as learned counsel for the respondent.

(2.) Petitioner is the defendant. A suit for Specific Performance of Contract Act has been filed at the end of the respondent/ plaintiff wherein after appearance of defendant/ petitioner, a petition has been filed on his behalf before the learned lower Court in terms of Order-VII, Rule-11 of the C.P.C. asking for rejection of the plaint in the background of presence of Sec. 17(1-A) of the Registration Act stating that the document purported to be in support of activities governed under Sec. 53(A) of the T.P. Act, requires registration. As the present suit has been filed on the basis of alleged unregistered deed of agreement, hence no suit under banner of Sec. 53(A) of the T.P. Act (Part Performance) is permissible, whereupon plaint is fit to be rejected.

(3.) The learned lower Court after hearing both the parties has rejected the prayer by the order impugned. Hence this petition.