Yogeshwar Dayal, J.

( 1 ) THIS revision petition is directed against an order of learned Commercial Sub-Judge, Delhi, dated 22nd February, 1983, whereby the learned Commercial Sub-Judge, accepted an application filed by the plaintiff Under the provisions of Order 37 Rule 2 Sub-rule (3) of the Code of Civil Procedure.

( 2 ) THE plaintiff/respondent had filed a suit under the provisions of Order 37 of the Code of Civil Procedure for recovery of Rs. 20. 900. 00 against the petitioner.

( 3 ) THE case of the plaintiff/respondent in the plaint was that the defendant entered into an agreement dated 23rd May, 1981 with the plaintiff to sell a piece of land situated in Gurgaon measuring about 160 sq. yards. It was pleaded that the defendant represented himself to be the owner of the said property and agree to sell the land for a total consideration of Rs. l,25,000. 00 At the time of execution of the said agreement on May 23, 1981, the defendant received from the plaintiff a sum of Rs. 10. 000. 00 as part payment of the total consideration and receipt thereof was also executed. As per the terms and conditions of the agreement, the defendant agreed and was obliged to produce to the plaintiff

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