NIRMAL KUMARI Vs. RAJ BAHADUR SINGH JAMWAL
HIGH COURT OF JAMMU AND KASHMIR
Raj Bahadur Singh Jamwal
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SANJEEV KUMAR,J. -
(1.)This civil revision filed in terms of Section 115 of CPC is directed against the order dated 31.01.2020 passed by the learned Additional District Judge, Jammu (hereinafter referred to as the "trial Court") in a civil suit titled "Raj Bahadur Singh Jamwal vs. Nirmal Kumari" whereby the application filed by the petitioner/defendant for rejection of plaint has been dismissed.
CM No. 2927/2020 This is an application seeking extension of time for depositing the court fee.
For the reasons mentioned in the application, it is allowed. CR No.46/2020
(2.)The order impugned has been assailed primarily on the ground that the learned trial Court has failed to appreciate that the suit filed on the basis of an oral agreement to sell was not maintainable and so was the relief of permanent prohibitory injunction.
(3.)Mr. Raghubir Singh, learned counsel appearing for the petitioner submits that though the learned trial Court has returned a finding in his favour that an oral agreement to sell is not enforceable in law, yet it has declined to reject the plaint in terms of Order 7 Rule 11 CPC on the ground that the other relief i.e the relief of permanent prohibitory injunction restraining the petitioner/defendant from interfering in the peaceful possession of the respondent/plaintiff can proceed independently.
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