Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: CS DJ 607/23
GEETA DEVI Vs. BABU LAL
24.03.2025
Present: Plaintiff with Ld. Counsel.
Defendant with Ld. Counsel.
Arguments heard.
Ld. counsel for plaintiff is insisting that atleast a decree of
Rs.3 Lacs should be passed on admission because the defendant has
accepted to have taken Rs.3 Lacs from the plaintiff.
I am of the view that the dispute since is arising out of an
agreement to sell, buyer can be able to recover the earnest money
only if she is able to show that the sale deed could not be executed
due to the fault of seller and not due to the fault of buyer. There is
also a forfeiture clause in the agreement which will impact any kind
of recovery and as such without giving a proper opportunity to the
parties to establish their case, we cannot pass any judgment on
admission.
The application of plaintiff moved under Order 12 Rule 6
CPC is dismissed.
On the basis of pleadings following issues are framed:
1. Whether the plaintiff had given Rs. 5 Lacs as earnest
money to the defendant? OPP.
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2. Who is at the fault due to which sale deed was not
executed?Onus on the parties.
3. If the fault lies with the plaintiff, whether the defendant
has suffered any loss to justify the forfeiture of earnest
money and if yes, to what extent ?OPD
4. Relief.
The point of relief shall include the entitlement of
plaintiff to recover the amount if any and shall be decided on the
basis of answers to the issues so framed.
Both the sides to file list of witnesses within 15 days from
today and plaintiff shall file affidavit evidence in advance and take
all necessary steps to lead PE.
To come up for PE by way of affidavit for 27.08.2025.
(Rakesh Kumar Singh)
DJ-02/(N-W), Rohini Courts
Delhi/24.03.2025
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