Dinesh Maheshwari, J.-This writ petition has been submitted by the defendant in a suit for specific performance assailing the order dated 21.09.2004 (Annexure 5) passed by the learned trial Court refusing his applications under Order 6 Rule 17 read with Section 151 and under Order 8 Rule 1A(3) of the Code of Civil Procedure (CPC).

2. Brief relevant facts are that the petitioner is defending a suit filed by the Respondent No. 1 seeking specific performance of an alleged agreement for sale of agricultural land situated at Chak 5 MLD (A) in Murraba Nos. 48/56 and 38/64 measuring about 50 bighas. The existence and validity of the agreement is seriously in question. The plaintiff asserts existence of the agreement and his right to have the same specifically performed; whereas the defendant-petitioner maintains the agreement to be a fabricated document and being unenforceable in law. On 23.07.2004, the trial Court framed as many as nine issues on the questions involved in the suit which read as under:-

3. A perusal of record shows that after framing of issues, the matter was posted for plaintiff s evidence on 11.08.2004. On this date, the plaintiff moved an application for summon