1. The civil suit (CS No. 345/2016) in which the impugned order dated 06.10.2017 was passed by the Additional District Judge (ADJ) was instituted by the respondent (plaintiff) against the petitioner (defendant) seeking recovery of Rs.6,00,000/-, the suit having been presented as a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 (CPC) founded on the agreement to sale and purchase dated 26.08.2016. The subject matter of the suit is immoveable property described as residential plot bearing No. RZF-757/28, area measuring 100 sq. yds., which is part of Khasra No. 47/20, situated in Rajnagar-II, Palam Colony, New Delhi-110 077.

2. The defendant had claimed to be the lawful owner and in physical possession of the said property and had agreed to sell it for a total consideration of Rs.60,11,000/- by the agreement dated 26.08.2016 to the plaintiff, acknowledging having received as an advance (earnest money) a sum of Rs.6,00,000/-, the balance being payable on or before 26.10.2016 when the possession of the property was to be handed over and the documents transferring right, title and interest were to be executed and registered.

3. It appears that the plaintiff had