JUDGMENT

Alka Sarin, J. - The challenge in the present revision petition is to the order dated 23.08.2017 (Annexure P-1) passed by the Trial Court dismissing the application of the defendant-petitioner for taking off the file the evidence tendered in rebuttal by the plaintiff-respondent.

2. The facts in brief, as available from the paper-book and copies of the zimni orders supplied by counsel, are that in March 2011 the plaintiff- respondent filed a suit inter-alia for possession by way of specific performance of agreement to sell dated 23.05.2005 or in the alternative for recovery of damages along with interest. The defendant-petitioner filed a written statement denying the execution of the agreement to sell and pleaded that it was a forged and fabricated document. On 11.04.2014 the Trial Court framed the following issues :

1. Whether the plaintiff is entitled to possession by way of specific performance as prayed for ? OPP

2. Whether the plaintiff is entitled to permanent injunction as prayed for ? OPP

3. Whether the suit of the plaintiff is not maintainable? OPD

4. Whether the plaintiff has not come to the Court with clean hands ? OPD

5. Whether the plaintiff has no cause of action