JUDGMENT

Manmohan Singh, J.

1. The present appeal has been filed by the plaintiff under Chapter II Rule 4 of the Delhi High Court (Original Side) Rules, 1967, against the order dated 11.08.2011 passed in I.A. No.14024/2010 by the Joint Registrar. The plaintiff's application seeking direction against the defendant to file a fresh affidavit as evidence in conformity with the pleadings or alternatively prayer was made that the paragraphs-2 to 10, 14 and 17 to 20 of the affidavit be not read in evidence has been rejected by the impugned order.

2. The brief facts of the case are that the plaintiff filed a suit for specific performance for enforcement of Agreement to Sell dated 24.12.1997, between plaintiff and defendant with regard to the property bearing Khasra No. 266 situated in Village Tughalaqabad, near EDPF Colony, New Delhi admeasuring about 2175 sq yds (hereinafter referred to as suit property) for an agreed consideration of Rs.48 lac.

3. The plaintiff states that in the written statement, the defendant has admitted the execution of Agreement to Sell and also the receipt of Rs.7 lac as part consideration. However, in his evidence produced by way of an affidavit dated 23.09