Disposed

Smt. Chanda Moda v. Nitesh Agrawal

Chhattisgarh HC6 Dec 2016WP227/735/2016

Case brief

AI extract

What is this about?

This High Court order allows the petitioners in a writ petition to raise grounds and adduce evidence on proposed additional issues in a specific performance suit, noting the trial court had already held these were covered by existing framed issues. The writ petition is disposed accordingly.

What did the court decide?

Petitioners permitted to raise grounds and adduce evidence on proposed issues.

Smt. Chanda Moda Vs Nitesh Agrawal — Specific Performance | Chhattisgarh HC (2016)

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Page No.1

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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W.P.(227.) No. 735 of 2016

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Smt. Chanda Moda, Wd/o. Late Vijay Kumar Moda, aged about 48 years,

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Akash Moda, S/o. Late Vijay Kumar Moda, aged about 19 years, Occupation – Study, Both R/o. Jai Machinery Main Road, Giridihi, Tahsil and District – Giridihi (Orissa).

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----Petitioners

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Versus

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Nitesh Agrawal, S/o. Gulabchandra Agrawal, aged about 30 years, Occupation-Business, R/o. In Front of Town Hall, Raigarh, Tahsil and District – Raigarh (C.G.)

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Maa Vaishnav Project, Partnership Firm, Through : Partner Sushil Mittal, S/o. Shiv Narayan Mittal, aged about 43 years, R/o. Nayaganj Raigarh, Tahsil and District – Raigarh (C.G.)

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Sushil Mittal, S/o. Shiv Narayan Mittal, aged about 43 years, R/o. Nayaganj Raigarh, Tahsil and District – Raigarh (C.G.)

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Sunil Kumar Agrawal, S/o. Chaturbuj Agrawal, aged about 48 years, R/o. Dani Para Raigarh, Tahsil and District – Raigarh (C.G.)

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Satish Agrawal, S/o. Late Chagan Lal Agrawal, aged about 48 years, R/o. Nayaganj Raigarh, Tahsil and District – Raigarh (C.G.)

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State of Chhattisgarh, Through : Collector, Raigarh, District – Raigarh (C.G.)

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---- Respondents

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For Petitioners : Mr. U.K.S. Chandel, Advocate For State/Respondent : Mr. Sangharsh Pandey, Dy. Govt. Advocate

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Hon'ble Shri Justice Goutam Bhaduri

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Order On Board

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06/12/2016

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Challenge in this petition is to the order dated 07.11.2016, passed by the 1st Additional District Judge, Raigarh in Civil Suit No.6-A/2013, whereby prayer to make additional issues, which was filed by the petitioners/defendants were dismissed. In a suit for specific performance of contract, the trial Court in its order has observed that

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Page No.2

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the issues raised are already covered in issues, which have already been framed.

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Learned counsel for the petitioners submits that the petitioners may be allowed to lead evidence and may be given liberty to raise the facts as per provisions of law, which may cover proposed issue as the trial Court itself has observed that proposed issues are already covered within the issue framed.

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Considering the nature of dispute since the trial Court has already observed that the issues which are proposed are entirely within the issues framed, therefore, the petitioner shall be at liberty to raise the grounds and adduce evidence which is permissible in respect of the issues subsequently proposed.

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With such observation, the petition stands disposed off.

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Sd/(Goutam Bhaduri) Judge

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Balram

Smt. Chanda Moda v. Nitesh Agrawal

Case brief

What is this about?

What did the court decide?

Smt. Chanda Moda v. Nitesh Agrawal

Case brief

What is this about?

What did the court decide?

What the court decided

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