Order 7

Order Details: COPY OF ORDER
Pdf Text: 23 CS 596/24
Neeraj Kumar Walia Vs. Garima Aggarwal
13.08.2025
Present : Sh. Anurag Ahluwalia, Ld. Counsel for the plaintiff
with plaintiff.
Sh. Mohit Bansal, Ld. Proxy Counsel for the
defendant.
Sh. Sachin Rai, Ld. Counsel for applicant/Smt.
Pushpa.
1. Matter has been received from mediation centre with report
‘parties are not willing to settle the matter’.
2. Matter is fixed for order on application under Order I Rule 10
of CPC filed on behalf of the Applicant/Smt. Pushpa Singh.
3. Arguments has already been advanced on the application
under Order 1 Rule 10 CPC.
4. The present suit is a suit for declaration and permanent
injunction, inter alia, praying for a declaration as null and void of
the agreement to sell dated 12.6.2022 executed between the
plaintiff and the defendant in respect of the property bearing no.
C-51, Pandav Nagar, Delhi-110092, admeasuring 100 sq. yds.
approximately (hereinafter referred as “suit property”).
5. It is averred by the plaintiff in the plaint that he is the absolute
owner and is in exclusive possession of the suit property; that
that agreement to sell qua the suit property was executed between
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the plaintiff and defendant on 12.06.2022 for a total
consideration amount of Rs. 2,27,00,000/- and the plaintiff has
received a sum of Rs. 2,50,000/- by way of cheque and sum of
Rs. 2,50,000/- in cash from the defendant at the time of execution
of aforesaid agreed terms as part/ earnest money and remaining
amount of Rs. 2,22,00,000/- including the bank loan was to be
paid by the defendant at the time of delivery of the aforesaid
property and sale was to be completed on or before 12.11.2022
and defendant agreed to foreclose the bank loan on or before
12.11.2022; that despite giving undertaking to clear the bank loan
for the outstanding dues of the plaintiff, the defendant neither
paid the amount to the bank nor to the plaintiff; that at the request
of defendant the time for completion of the deal was extended till
28.02.2023; that till 16.10.2023, a total amount of Rs.
92,40,000/- including two loan instalments has been paid on
behalf of the to the plaintiff; that that a legal notice dated
16.10.2023 was served on the defendant calling upon her to
perform her part of agreement to sell, however, the defendant
neither replied nor complied with the said legal notice.
7. Vide the instant application under Order 1 Rule 10 of CPC, it
is submitted on behalf of the Applicant/Smt. Pushpa Singh that
property bearing no. C-51, Upper 3rd Floor, Pandav Nagar,
Delhi-110092, with the roof right, was agreed to be sold to the
applicant/Smt. Pushpa Singh for a total consideration of Rs. 84
lacs and in this regard a agreement to sell was executed between
defendant and applicant on 16.04.2023; that applicant has already
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paid a sum of Rs. 58 lacs to the defendant towards the said
transaction; that defendant agreed that the possession of the
impugned property would be handed over to the applicant within
a period of six months, however, the construction of the said
property was abruptly halted; that defendant began avoiding the
applicant’s calls and indulging in evasive behaviour; that
applicant is a necessary/proper party for the just and fair
adjudication of the matter. Therefore, it is prayed that the present
application may be allowed.
9. On behalf of the plaintiff and the defendant, no reply to the
instant application was filed, and the Ld. Counsel for the plaintiff
and defendant straightaway argued on the said application in
opposition to the same.
10. Submissions heard. Record perused.
11. It is seen that in the present suit, no relief has been sought by
the plaintiff against the applicant. Further, admittedly, in
pursuance of the agreement to sell dated 12.06.2022 executed
between the plaintiff and the defendant, no sale deed has been
executed by the plaintiff in favour of the defendant in respect of
the suit property. Therefore, the defendant has/had no right and
title to the suit property except the right to seek specific
performance of the agreement to sell dated 12.06.2022. Thus, on
the date of execution of alleged agreement to sell dated
16.04.2023 between the applicant and the defendant, the
defendant was not the owner of the property bearing no. C-51,
Upper 3rd Floor, Pandav Nagar, Delhi-110092 for which the said
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agreement to sell dated 16.04.2023 was executed. Consequently,
the defendant had no right to enter into an agreement to sell dated
16.04.2023 with the applicant in respect of the property bearing
no. C-51, Upper 3rd Floor, Pandav Nagar, Delhi-110092.
Moreover, for the effectual and complete adjudication of the
present suit for declaration as null and void of agreement to sell
dated 12.06.2022 executed between the plaintiff and the
defendant, the presence of the applicant is not necessary.
12. Hence, the present application under Order 1 Rule 10 CPC
for the impleadment of the applicant Smt. Pushpa Singh in the
present suit stands dismissed.
13. At this stage, an application under Order VII Rule 11 r/w
Section 151 CPC is filed on behalf of the defendant seeking
rejection of the plaint on the ground of non-disclosure of the
cause of action in the plaint as well as the plaint being barred by
law. Copy supplied.
14. Ld. Counsel for the plaintiff seeks time to file a reply to the
aforesaid application. Let the same be filed with advance copy to
the opposite party on or before the NDOH.
15. Put up for filing reply and arguments on the aforesaid
application on 16.10.2025.
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16. It is seen that there are averments in the plaint about the cash
transaction of more than Rs. 2,00,000/-. Therefore, in view of the
judgement of the Hon’ble Supreme Court in the matter of “The
Correspondence RBANMS Educational Institute vs. B.
Gunashekhar & Anr. (2025 INSC 490)” the said transaction is
required to be reported to the jurisdictional income tax office.
Therefore, the plaintiff and defendant are directed to file their
Permanent Account Number details for the reporting of the said
transaction to the jurisdictional income tax office.
Interim order dated 15.10.2024 to continue till the
NDOH.
(SOMITRA KUMAR)
DJ-06,EAST/ KKD COURTS
DELHI/13.08.2025 (s)
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