(SUIT FOR DECLARATION AND SPECIFIC PERFORMANCE) APPLICATION UNDER ORDER VII, RULE 10, C.P.C., FOR RETURN OF THE PLAINT

IN THE COURT OF SENIOR CIVIL JUDGE DADU

In Re:

ABC S/o D.M. Cast      , R/o    Tehsil & District, Dadu.

…PETITIONER/RESPONDENT

Vs.

FDA S/o M.D. Cast      , R/o    , Tehsil & District, Dadu.

…RESPONDENT

(SUIT FOR DECLARATION AND SPECIFIC PERFORMANCE)

APPLICATION UNDER ORDER VII, RULE 10, C.P.C.,

FOR RETURN OF THE PLAINT

Respectfully Sheweth:

1)      That the captioned suit is pending in this Hon’ble Court and is fixed for today.

2)      That the suit is based on agreement to sell which was executed at “K” where the suit property situate.

3)      That as the suit under adjudication relates to the specific performance of agreement to sell where in delivery of possession is also claimed, as such this Hon’ble Court has no jurisdiction over the suit property hence not competent to proceed with the suit.

4)      As the suit property situate at “K” where the alleged agreement to sell purportedly has been executed therefore it is the only Court at “K” which is competent to adjudicate upon the matter.

It is therefore prayed that this Hon’ble Court may be pleased to accept this petition and be further pleased to make order for the return of the plaintiff to the plaintiff to be presented before proper forum.

PETITIONER/DEFENDANT

Through

Counsel

            Verification:

Verified on oath at Dadu the 10^th of September, 2010 that the contents of Para No. 1-4 are true to the best of my knowledge and belief.

PETITIONER