ROSHAN SINGH ALIAS ROSHAN LAL Vs. RANBIR PAL SINGH

JUDGEMENT

(1.) The present plaintiff filed a suit for specific performance of the agreement of sale dated 7 -5 -1990 in respect of land comprised in khata khatauni No. 197/320, khasra No. 2176/1532 measuring 9 -2 situated in village Nalva mauza and Tehsil Kasauli, District Solan and in the alternative for the recovery of Rs. 6,50,000 alongwith costs and interest at the rate of 18% per annum. This suit has been contested by the defendants on various pleas. The detail of the pleadings is not required to be referred for the purpose of the present order. The parties were put to trial on the followins issues, arising out of their pleadings :

(1.) Whether this Court has no jurisdiction to take cognizance of the suit as alleged in para 7 of the written statement ? OPD.

(2.) Whether the suit is not maintainable in view of the provisions of Order 2 Rule 2 and Rule 3 of the Civil Procedure Code as alleged? OPD