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written statement of the subject documents bearing the signatures of the petitioner/defendant will be permitted to be withdrawn.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

Click Here to Read the rest of this document