AJAY KUMAR MAURYA vs SURAJ CHAUDHARY & ORS. & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 30th July, 2025 CM(M) 1393/2025 & CM APPL. 45847-45848/2025 AJAY KUMAR MAURYA .....Petitioner Through: Mr. Vidur Kamra, Advocate. versus SURAJ CHAUDHARY & ORS. & ORS. .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is plaintiff before the learned Trial Court and is aggrieved by order dated 03.06.2025 whereby his application moved under Order I Rule 10 CPC has been dismissed. 2. The plaintiff has filed a suit seeking recovery of Rs.14,02,000/-. 3. Such recovery suit is based on one agreement to sell dated 24.05.2018. 4. The abovesaid agreement was between the plaintiff and the two defendants and by virtue of the abovesaid agreement, the plaintiff had agreed to purchase the property of the defendants and also paid earnest money. 5. However, defendants i.e. Mr. Suraj Chaudhary and Mr. Neeraj Chaudhary, despite the abovesaid agreement to sell and despite taking the earnest money, refused to take further needful action and it was in the abovesaid backdrop that the plaintiff had to file a suit seeking recovery of his earnest money. 6. Both the sides have already led their r