"Doon Valley Apartment vs Vineet Pratap
2022 Latest Caselaw 3232 UK

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      29.09.2022                        SA No. 112 of 2022
                                        Hon'ble Alok Kumar Verma, J.

The present proposed Second Appeal has been filed against the judgment and decree dated 25.07.2022, passed by the learned IVth Additional District Judge, Haridwar in Civil Appeal No. 43 of 2021, "Doon Valley Apartment vs. Vineet Pratap and Others", whereby, the appeal filed by the appellant-defendant has been dismissed. The said First Appeal was filed against the ex-parte judgment and decree dated 06.09.2021, passed by the learned Civil Judge (Junior Division), Haridwar, whereby, the sale deed dated 28.12.2018 has been declared null and void.

Heard Mr. Piyush Garg, the learned counsel for the appellant and Mr. Siddhartha Singh, the learned counsel for the respondent no. 2/Caveator.

The present Second Appeal is admitted on the following substantial questions of law:-

(i) Whether a sale deed of any immovable property once executed and registered can be cancelled or invalidated on account of alleged non- payment of part of sale consideration?

(ii) Whether oral evidence in respect of terms of the sale deed relating to handing over of possession can be admitted when the sale deed itself registered in accordance with law has already been produced in evidence, in view of Section 91 and 92 of the Indian Evidence Act?

(iii) Whether provisions of Order V CPC with regard to service of summons on defendant are mandatory and service can be held sufficient without compliance of order V CPC?

Issue notice to the respondent nos. 1 and 3.

Steps to be taken within a week. The learned counsel for the respondent no. 2 requested three weeks' time to file objection to the interim relief application.

List this case on 10.11.2022. Summon the LCR.

(Alok Kumar Verma, J.) 29.09.2022

Shiksha