Law: Specific Relief Act, 1877

Section: 12,23

Law: Limitation Act, 1908

Section: 113,181

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Specific Relief Act (I of 1877)--- ----Ss. 12 & 23---Limitation Act (IX of 1908), Arts. 113 & 181---Civil Procedure Code (V of 1908), S. 12(2)---Suit for specific performance of agreement to sell---Fraud, collusion and misrepresentation---Petition for setting aside of judgment and decree under S. 12(2), C.P.C., passed in favour of respondent, on the plea of fraud, collusion and misrepresentation was dismissed---Scope---Plaintiff filed suit for specific performance of agreement to sell dated 15.02.2004---Defendant No. 1 appeared in person, tendered affidavit and got recorded statement to the effect that he had no objection if the suit of the plaintiff was decreed---On said statement of defendant No. 1, suit was decreed---Petitioner claimed that agreement to sell dated 15.02.2004 was a forged document, prepared in back date to frustrate his agreement to sell dated 13.04.2006---Validity---Petitioner was in possession of the original title documents of the plot (original Provisional Offer of Allotment Order) dated 26.01.2004---Record showed that the trial Court passed the impugned order without considering as to whether Provisional Offer of Allotment Order retained status of a title document; whether an agreement to sell could be made on the basis of Provisional Offer of Allotment Order; the consequences of the defective plaint, affidavit and the statement of the defendant did not contain the details of the stated agreement; the worth of the unregistered agreement to sell inter-se the plaintiff and the defendant dated 15.11.2004; the allegation of fraud and misrepresentation in presence of defective plaint, affidavit and the statement of the defendant and the fact of delay in approaching the Court by the plaintiff for seeking decree of specific performance of an agreement could not be resolved without affording the parties a chance to adduce their respective case/plea in a proper manner; the claim in suit for specific performance of agreement to sell was to be assessed on the touchstone of Art. 113 of the Limitation Act, 1908; the period of limitation for filing application under S. 12(2), C.P.C. was to be assessed in terms of Art. 181 of the Limitation…

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