Madhya Pradesh High Court
Vishandas Parwani (Dead) Thr. Its Lrs ... vs Shubhalay Villa A Partnership Firm on 21 January, 2022
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
The High Court Of Madhya Pradesh
MP No. 4865 of 2021
(VISHANDAS PARWANI (DEAD) THR. ITS LRS SMT. BHARTI PARWANI ALIAS JHANVI MANGHVANI
AND OTHERS Vs SHUBHALAY VILLA A PARTNERSHIP FIRM AND OTHERS)
Jabalpur, Dated : 21-01-2022
Heard through Video Conferencing.
Shri Sankalp Kochar, learned counsel for the petitioners.
Petitioners have filed this miscellaneous petition challenging order dated
13.12.2021 contained in Annexure P/8. By said order, application filed by the
petitioners under Order 1 Rule 10(2) of the Code of Civil Procedure was
dismissed.
Counsel for the petitioners submitted that petitioner nos. 2 to 7 were
not party to the agreement and, therefore, no suit could have been filed
against them for Specific Performance of Contract. Vishandas Parwani was
party to the agreement and his LRs are also on record. In view of the
aforesaid facts and circumstances of the case, trial Court had committed an
error of law in rejecting his application under Order 1 Rule 10(2) of the Code
of Civil Procedure.
Issue notice to the respondents on payment of process fee within
seven days.
Further proceedings of Civil Suit No. RCS 579/2016 pending in the Court of XXV District and Additional Sessions Judge, Bhopal shall remain stayed till the next date of hearing.
Certified copy as per rules.
VISHAL DHAGAT) JUDGE DUBEY/-
Signature SAN Not Verified Digitally signed by ARVIND KUMAR DUBEY Date: 2022.01.22 12:02:19 IST