( 1 ) THIS is plaintiff s chamber appeal by which an order of the Joint Registrar dated 28th August, 2001 passed on IA 4495/98 has been challenged- IA 4495/98 was filed by the plaintiff under Order 11 Rule 1 CODE OF CIVIL PROCEDURE, 1908 for the service of Interrogatories for examination of the defendant No. 1 for discovery of facts on oath.

( 2 ) THE facts leading to this application succinctly stated are as follows. The plaintiff has filed a suit for recovery of money against the defendants on the allegation that defendant No. 1 in collusion with other defendants entered into an agreement of sale of property no. 706, Sector 15~a, Faridabad for a sale consideration of Rs. 19,40,000/ -. The defendant No. 1 executed a receipt-cum-Agreement to Sell dated 10th January, 1997 on receipt of a sum of Rs. 1 lac in advance. It was recited in the agreement that the plot/property was free from all encumbrances and that the documents of title in original would be delivered to the plaintiff at the time of the payment of the balance sale consideration and the execution of the sale deed. Another sum of Rs. 1 lac was paid by the plaintiff to the defendant No. 1 as -desired by him o