Rakesh Kumar Jain, J.

1. This appeal is directed against the order passed by learned trial Court dated 13.8.2009, by which an application fried by the plaintiff under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (for short, "the CPC") has been allowed subject to payment of Rs.1000/- as costs.

2. Plaintiffs case is that on 12.11.2003, there were negotiations between the plaintiff and Tej Pal Singh Kang (respondent No.1) who was defendant No.1. before the Court below for purchase of House No.3293, Sector 21-D, Chandigarh for an amount of Rs.53,00,000/- (Rs. Fifty three lacs only). A sum of Rs.50,000/- was paid on that date against receipt which was signed by Tej Pal Singh Kang and two witnesses namely, Deepak Saini and Ravinder Kumar. As per this receipt, it was agreed by the parties that the agreement shall be executed within one weeks time and 10% of the consideration amount would be paid to the defendants. The last date of the bargain was fixed as one month from the date of issuance of No Objection Certificate and all the expenses were agreed to be borne by the petitioner/purchaser and all the dues regarding issuance of No Objection Certificate were to be borne by