Valmiki J. Mehta, J. (Oral):--

C.M. No. 10766/2014 (exemption)

1. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

C.M.(M) No. 637/2014

2. This petition under Article 227 of the Constitution of India is filed impugning the order of the trial court dated 2.4.2014 by which the trial court has dismissed the application under Order 6 Rule 17 of Code of Civil Procedure, 1908 (CPC) filed by the petitioner/defendant. Trial court has dismissed the application under Order 6 Rule 17 CPC by observing that if the application is allowed, admissions which are made in the written statement of the subject documents bearing the signatures of the petitioner/defendant will be permitted to be withdrawn.

3. The subject suit is a suit for specific performance which was filed by the respondent/plaintiff. The respondent/plaintiff in the plaint states that the entire sale consideration of Rs. 7 lacs was paid on 30.3.2007 when the usual documents being the agreement to sell, general power of attorney etc were executed by the petitioner/defendant in favour of the respondent/plaintiff. The present petitioner/defendant filed the written statement and in para 6 of the preliminary objections, as many as five times, it is stated that the subject documents dated 30.3.2007 were got signed by the respondent/plaintiff from the petitioner/defendant by intoxicating the petitioner/defendant with liquor. In preliminary objections para 6 of the written statement the petitioner/defendant hence repeatedly admitted that the documents have been signed, but, signatures were obtained by undue influence of liquor and therefore the documents are void. Effectively therefore the signatures and execution of the documents stands admitted, but since the execution of the documents was stated to be under the influence of liquor, hence the validity of these documents was challenged.

4. I have gone through the written statement and I find that in the written statement in various other places also there is mention of the documents dated 30.3.2007 having been executed under the influence of liquor i.e the signatures were admitted by the petitioner/defendant on the documents but the same were alleged to have been obtained under the influence of liquor. The present preliminary objections para No. 6 of the written statement reads as under:-

“6. That the present suit is an abuse of the process of law. The plaintiff has not come to the Hon’ble Court with clean hands and is guilty of egregious fraud against the defendant. It is stated that the purported documents namely Agreement to sell dated 30.03.2007, Receipt dated 30.03.2007, Receipt dated 30.03.2007 and Affidavit dated 09.4.2007 have been got fraudulently signed form the defendant by the plaintiff in the last week of April, 2007 by intoxicating the defendant with alcohol. The plaintiff came to the house of the defendant alongwith a bottle of whisky, he also brought alongwith some papers telling that the same were required for obtaining identification papers and for getting registration of security firm as well as getting a partnership firm thereto registered in plaintiff’s and defendant’s wife name jointly and at the address of the defendant. The plaintiff and his brother Sh. Sheo Raj Singh after playing the defendant with lot of alcohol asked the defendant to take out all the papers and tiles pertaining to the house bearing No. M-74-75, Sunder Nagri, Delhi -110093 so as to make some entries in the documents. While the defendant brought the files containing original documents and kept the same before the plaintiff the defendant himself went to the first floor of the house to being some namkeen (snacks). Thereafter the plaintiff lured the defendant into signing some documents by giving a false representations that the same were required for registration of partnership/security agency as aforesaid. The defendant was made to sign the purported documents while his mental capacity was temporarily effected/impaired by reason of

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