Law: Civil Procedure Code (V of 1908)

Section: 15

(i) Civil Procedure Code, 1908 (V of 1908)-- —S.I 15-Agreement to sell-Cancellation of-xSuit for-Suit decreed but decree set aside by appellate Court-Challenge to-According to PW2 and PW3, agreement deed was executed at about 11-00 PM during night preceding date fixed for confirmation of bail of petitioner—Petitioners allegation is that consideration money was not paid and agreement was got executed by him through coercion-Held: Trial Court was justified in holding that agreement deed was executed by petitioner under coercion and undue influence and appellate Court committed material irregularity in not taking into consideration entire evidence—Petition accpeted and and decree of trial Court restored.     [P.26026J ]CD (ii) Civil Procedure Code, 1908 (Vofl908)-- —S.I 15—Agreement to sell—Cancellation of—Suit for—Suit decreed but decree set aside by appellate Court—Challenge to—Objection that no civil revision having been filed against order dismissing review application, present civil revision is not competent—Section 115 of CPC is completely silent in regard to a review petition—Held: There is no force in objection and High Court is competent to exercise rcvisiona! jurisdiction qua and decree under challenge.                 fPp.259,260 ]AB AIR 1957 Allahabad 400 not helpful.  JUDGMFNT Facts giving rise to this civil revision are that the respondents, Mst. Rehmat Bibi and others, filed a suit for specific performance of an agreement to sell certain land. It was alleged by the respondents that a deed incorporating the said agreement had been executed by the petitioner, Nazir Hussain. On the other hand, the petitioner brought a suit for cancellation of the said agreement deed alleging that it was got executed by him under coercion and undue influence. The petitioners suit was decreed by a Civil Judge and the respondents suit for specific performance was dismissed by him. Judgment and decree passed by the learned Civil Judge in the petitioners suit were challenged by the respondents by taking appeal before an Additional District Judge but they did not prefer any appeal against judgment and decree by which…

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