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2006 Supreme(Bom) 763

S.B.SINHA, P.K.BALASUBRAMANYAN
ANIL RISHI – Appellant
Versus
GURBAKSH SINGH – Respondent


JUDGMENT

S. B. SINHA, J. : - Leave granted.

2. The defendant in the suit is the appellant herein. He is before us aggrieved by a judgment and order dated 14 -12 -2005 passed by the Punjab and Haryana High Court at Chandigarh in Civil Revision No. 1077 of 2005 dismissing his revision application arising out of an order dated 9 -2 -2005 passed by the Civil Judge (Junior Division), Chandigarh.

3. An agreement to sell dated 26 -3 -1990 was entered into by and between the parties hereto in relation to the premises bearing House No. 86, situate in Sector 18A, Chandigarh. A sale deed was executed pursuant to the said agreement to sell on 26 -3 -1991. However, a suit for declaration was filed by the respondent herein alleging that the said sale deed dated 26 -3 -1991 was forged, fabricated and was a void document. The appellant flied his written statement in the said suit denying or disputing the allegations contained therein. On the pleadings of the parties herein, issues were framed by the learned trial Judge including the following:

"Whether the sale deed dated 26 -3 -1991 is forged and fabricated as prayed for?"

4. An application was filed by the respondent for deletion of



























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