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2020 Supreme(P&H) 828

ANIL KSHETARPAL
Gurdip Singh – Appellant
Versus
Harpinder Singh Gill – Respondent


Advocates Appeared:
Mr. Ashish Aggarwal, Sr. Advocate with Mr. Akash Jindal, Advocate for the Appellant; Mr. G.S. Punia, Sr. Advocate with Ms. Harveen Kaur, Advocate for the respondent

JUDGMENT

Anil Kshetarpal, J. (Oral) - Plaintiff-petitioner has filed this revision petition against the order passed by the learned Additional Civil Judge (Senior Division), Hoshiarpur dated 08.05.2017 dismissing application filed by the plaintiff for issuance of direction to the defendant-Harpinder Singh to give his specimen writing in the Court to enable comparison of writing and signatures on the endorsement of the agreement to sell dated 23.05.2012.

2. Plaintiff has filed the suit for specific performance of the agreement to sell dated 23.05.2012. It is pleaded case of the plaintiff that pursuant to the agreement to sell for land measuring 80 kanals, the entire sale consideration of Rs. 85,50,000/- was received and he was delivered possession.

3. On the other hand, defendant-respondent denies the execution of the agreement to sell and receipt of the sale consideration.

4. Plaintiff, in order to prove its case, led evidence in affirmative by examining himself, the deed writer, marginal witness of the agreement to sell apart from other witnesses. Defendant also led his evidence. When the case was at the stage of rebuttal and arguments, an application was moved with the prayer note

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