PRADEEP NANDRAJOG, J.(Oral)

1. After both parties closed evidence an application was filed by the plaintiff pleading as under:-“1. That the plaintiff has filed the afore-said suit for specific performance of the collaboration agreement dated 6th September, 1995 which had been entered in between him and the predecessor-in-interest of the defendants and in the alternative for the relief of damages.

2. That the facts and circumstances as stated in the accompanying suit may be read as part and parcel of this application. The same are not being repeated for the sake of brevity and to avoid unnecessary repetition. The plaintiff applicant craves leave of this Honble Court to refer to and rely upon the same at the time of hearing.

3. That the present application is being made seeking summons for the attendance Mr.B.Chakrawarthy S/o B.P.Chakrawarthy address as given herein above who is the attesting witness of the receipt dated 6.9.1995.

4. At this stage it is pertinent to mention that the receipt dated 6th September 1995 has never been denied by the defendant in pleadings. In the written statement in para 6 and further the defendants have categorically admitted that there is a toke