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2020 (3) TMI 1452 - HC - Indian LawsRejection of two applications filed under Order 7 Rule 11 of the Code of Civil Procedure - suit for specific performance of contract and permanent injunction - whether acceptance of contentions raised on behalf of the revision applicants would lead to rejection of plaint in part or rejection of the plaint as a whole only against the revision applicants before this Court? HELD THAT:- A perusal of the plaint in the present case and the agreement filed along with the plaint clearly shows that even as per the pleadings in the plaint and the clauses of the agreement in question, the parties to the agreement were only the plaintiff and the defendants, other than the revision applicants who had filed the applications for rejection of plaint as against them. There is no dispute about the fact that respondent No. 1 i.e., the original plaintiff entered into the said agreement only with the original defendant Nos. 3, 10, 11 and 19. It is an admitted position that other than the aforesaid defendants, none of the defendants were party to the said agreement dated 30/06/2016. The agreement could therefore be specifically enforceable only against those defendants who were party to the said agreement. There can be no doubt about the same - In the present case, the sole respondent has obviously not made any such statements in respect of the revision applicants because even as per the agreement on which he relies, it is evident that the said agreement was executed between him and only original defendant Nos. 3, 10, 11 and 19. Thus, there is absolute lack of pleadings and in fact no material to show that any agreement in the present case could be specifically enforced as against the revision applicants. In the impugned order the Court below has accepted this position and at one place it has found that the revision applicants were not signatories to the agreement and, therefore, the agreement could not be enforceable against them and it would be inequitable to enforce specific performance of such contract. The Court below went to the extent of observing that it was almost a practice of fraud on the revision applicants in the present case, that the agreement was null and void as against the revision applicants and the suit could therefore not be decreed against them. It was also observed that it could be safely held that there was no cause of action as against the revision applicants - the Court below held that the application for rejection of plaint filed by the revision applicants could not be granted, because the rejection of the plaint had to be as a whole and the plaint could not be split, only to be rejected as against the revision applicants. It is significant that the revision applicants are not seeking rejection of plaint qua a particular portion of the plaint or qua any relief sought in the plaint, but they are seeking rejection of the plaint as a whole, as against them. It is significant that in the plaint, the sole respondent has sought relief of direction to the defendants to accept the balance consideration in terms of the aforesaid agreement and to execute sale deed, further seeking a direction that if the defendants fail to do so, the same be directed to be executed through the Court and a permanent injunction is sought against the defendants to the effect that they should not sell the land to any other person - the Court below could not have rejected the applications filed by the revision applicants at Exhibits-83 and 101, after having accepted the contentions of the revision applicants, only on the ground that acceptance of their prayers would amount to splitting of the plaint and rejecting the same partially, which could not be permitted. The impugned order passed by the Court below is quashed and set aside - Revision application allowed.
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