Dr. Vineet Kothari, J. - (1.) By the impugned order dated 03.03.2011, the learned trial court of the Additional District Judge (Fast Track) No. 2, Bhilwara has rejected the application of the defendant No. 2 -Union of India in the present suit for specific performance, which was filed by the plaintiff -Sohan Lal s/o Shankar Lal against the vendor -Om Prakash s/o Motilal in respect of a suit property situated at Plot No. 3, Ashok Nagar, Bhilwara.
(2.) The defendant No. 1 -Om Prakash s/o Motilal was declared an absconder in the trial under the NDPS Act and the proceedings for attachment of his property were undertaken by the Union of India under Chapter VI Part C - Proclamation and Attachment containing the provisions from Sec. 82 to Sec. 86 in Cr.P.C. The objections against such attachment were raised by the plaintiff -Sohan Lal before the concerned Chief Judicial Magistrate, but before such objections could be decided, the plaintiff -Sohan Lal also filed the present suit for specific performance against the vendor -Om Prakash impleading the Union of India and the State Government also as defendants No. 2 & 3 respectively in the said suit.
(3.) The Union of India filed an application under Order 7 Rule 11 read with Sec. 151 CPC seeking rejection of the said plaint. Their objections were rejected by the learned trial court of the Additional District Judge (Fast Track) No. 2, Bhilwara by the impugned order dated 03.03.2011 with the following reasons: - - JUDGEMENT_89_LAWS(RAJ)12_2015.jpg JUDGEMENT_89_LAWS(RAJ)12_20151.jpg JUDGEMENT_89_LAWS(RAJ)12_20152.jpg JUDGEMENT_89_LAWS(RAJ)12_20153.jpg ;