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Judgment
Devnarayan Mishra, J
This instant Civil Revision under Section 115 of CPC, 1908 has been filed assailing the order dated 18.03.2024, passed in Civil Suit No. 530-A/2023, whereby the application of the petitioner filed under Order VII Rule 11 of the CPC has been rejected.
Learned counsel for the petitioners has submitted that the sole point which he has raised before the trial Court is that the suit was based on the Agreement to Sale, which was not registered and the trial Court has relied on the said documents and has committed an error on relying on the said documents.
Heard learned counsel for the petitioners and perused the records.
As per the provision of Section 49 of the Registration Act, the suit for specific performance of contract can be filed on the basis of Agreement to Sale, though not registered. Hence, this Revision has no force.
Accordingly, this Civil Revision stands dismissed, at the motion hearing stage.
Let the certified copy of the impugned order be returned to the counsel for the petitioner on placing photocopy of the same on record.
No order as to costs.