Document Fragment View

Matching Fragments

3. The petitioners, defendants in the suit, moved an application under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC) seeking dismissal on the ground that admissions in the sale deed would preclude the contentions to above effect to the contrary being agitated before the trial court. The said application has been dismissed by the Additional District Judge by order dated 04.03.2015 which is under challenge before this Court.

4. In support of the contentions raised, the petitioners rely on Uttam Singh Dugal and Co. Ltd. Vs. Union Bank of India and Ors., AIR 2000 SC 2740; Deepak Kr. Arya Vs. Jatinder Gupta and Anr., 2010 (I) AD (Delhi) 508; Gajender Kumar Loond Vs. Samant Barara, 2012 IV AD (Delhi) 497; and SCJ Plastics Ltd. Vs. Creative Wares Ltd., 2012 VII AD (Delhi) 447.