( 1 ). By this order I propose to dispose of the plaintiff s application under Order 12 Rule 6 read with section 151 CPC.

( 2 ). The facts relevant for the purpose of deciding the present application are that the plaintiff filed the present suit for specific performance of Agreement to sell dated 25th September,1995 with regard to property n0. 58, Block `b , Derawal Nagar, Delhi situated in the lay but plan of Dera Ismail Khan Co-operative House building Society Ltd. , Delhi for a total consideration 63,50,000/ -. A sum of Rs. 2,00,000. 00 was paid by the plaintiff before the formal execution of the agreement as advance money to the defendant on 23/09/1995. Another sum of Rs. 2,00,000. 00 was paid on 2 4/09/1995 and a further sum of Rs. 2,50,000. 00 was paid on 25/09/1995 towards part payment of the sale consideration. The plaintiff had thus paid in all a sum of Rs. 6,50,000. 00 on three dates against receipts. The plaintiff s case is that the defendant, who was required to obtain income tax clearance from the Income tax Department, had failed to do so prior to 3 1/01/1996, the date fixed for completion of sale transaction. The defendant was also to clear all the due