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2023 Supreme(P&H) 1383

ALKA SARIN
Saurav Jain – Appellant
Versus
Mohan Lal – Respondent


Advocates appeared:
For the Parties : Mr. Vaibhav Sehgal, Mr. Keshav Pratap Singh

Judgment

Mrs. Alka Sarin, J.

The present revision petition has been filed under Article 227 of the Constitution of India impugning the order dated 03.02.2021 (Annexure P-6) vide which the application for leading additional evidence filed by the plaintiff-petitioner has been dismissed.

2. The brief facts relevant to the present lis are that the plaintiff-petitioner filed a suit for possession of property constructed on plot no.430 having an area of 100 sq. yards comprised in khasra no.697/358, khata no.632/657, by way of a specific performance of agreement dated 16.09.2015. It was averred in para 2 of the plaint that the plaintiff-petitioner has always been ready and willing to perform his part of the agreement. The defendant-respondent denied the agreement to sell in toto being a forged and fabricated document. In the alternative, it was pleaded that even if the agreement to sell is proved there was no readiness and willingness on the part of the plaintiff-petitioner. On 08.01.2018 the issues were framed and issue no.1 was specifically “Whether plaintiff is entitled for the relief of possession by way of specific performance of agreement to sell dated 16.09.2015? OPP”. The evidence o

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