Sheela Rani And Ors. vs Manish Kumar on 1 August, 1996
7. Aggrieved from the judgment and decree dated 22.01.2016 passed
by Ld. Civil Judge, the defendants/appellants have challenged the impugned
decree and judgment on the grounds that the Trial Court has not applied its
judicial mind and without applying judicial mind passed the judgment/decree in
the case. It has been further challenged on the ground that Manish
Kumar/plaintiff expired in the course of proceedings and legal representative of
deceased were taken on record by the Trial Court which were not mentioned in
the title of cause so as to snatch legal rights of appellant for filing appeal as the
appeal against deceased could not be file and summon of appellate court could
not serve upon the deceased; the judgment and decree is bad in the eyes of law
and without the facts and law; the Trial Court failed to determine that the suit is
filed while concealing the facts, and suit was not maintainable; the citations
quoted in judgment and decree do not relate to facts and law of the case of the
plaintiff; the issues were not according to law; the Trial Court failed to decided
that the suit was bad for misjoinder and non joinder of parties; the Ld. Trial Court
failed to decide that the plaint had no cause of action and was liable to rejected
under Order 7 Rule 11 CPC as the case was filed at belated stage and without
RCA No. 61309/16 Sheela Rani Vs. Manish Kumar Page No. 3 of 9
limitation; the Trial Court failed to appreciate that the case was filed to harass the
appellants without demanding Possession of suit property by the plaintiff as he
had already received the payment before executing the Sale Deed; the case law
cited by the Trial Court was for possession and thus not sustainable as the suit
was not for possession; the Ld. Trial Court failed to appreciate that the sale deed
in any manner could not be executed without consideration; Ld. Trial Court
failed to appreciate that the Sub-Registrar asked Sh. Manish Kumar for payment
and Sh. Manish Kumar replied that he had already received Rs.70,000/- as full
and final sale consideration and the Sub-Registrar after verifying from Manish
Kumar Registered the sale deed; the Trial Court without applying judicial mind
not given the opportunity to call further witnesses as per list of witnesses, so as to
help the plaintiff and whole record of Trial Court itself shows opportunities were
for plaintiff and not for defendants. Hence the judgment and decree is liable to be
set aside.