Sanjay Kishan Kaul, J.

1. Admit.

2. Learned Counsel for the respondents accepts notice.

3. At request of learned Counsel for the parties, the appeal is taken up for final disposal.

.4. The appellant filed a suit for specific performance of an agreement to sell in respect of property bearing No. E-386, Grater Kailash-I, New Delhi. The respondent entered appearance and defended the suit. On the completion of pleadings of the parties, issues were framed on 15.9.1998 as under:

.(i) Whether Shri S.R. Sharma, the defendant received Rs. 4,00,000/- by way of friendly loan and not in pursuance to the agreements -Annexures A and B as alleged by him?

.(ii) Whether the defendant had not entered into agreements to sell as alleged by the plaintiff?

.(iii) Whether the plaintiff was always ready and willing to perform his part of the agreement?

.(iv) Relief.

5. It appears that thereafter the respondent passed away and his legal heirs were brought on record. The trial, however, did not commence for one reason or the other. At the stage when the trial was to finally commence, the appellant filed an application being IA No. 5051/2005 seeking leave of the Court to file additional documents und