OA No.120/2011 in CS (OS) No.1229/1999 Page 1 of 13

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HIGH COURT OF DELHI: NEW DELHI

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Judgment decided on: 30.03.2012

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O.A. No. 120/2011 in I.A. No. 14024/2010

in CS (OS) No. 1229/1999

B.S. Infrastructure Pvt. Ltd

..... Plaintiff

Through: Mr. H.L. Tiku, Sr. Adv. with

Ms. Yashmeet, Adv.

Versus

Sh. Sanjeev Kumar Malhotra

..... Defendant

Through

Mr. Harish Katyal, Adv.

Coram:

HON'BLE MR. JUSTICE MANMOHAN SINGH

MANMOHAN SINGH, J.

1.

The present appeal has been filed by the plaintiff under

Chapter II Rule 4 of the Delhi High Court (Original Side) Rules, 1967,

against the order dated 11.08.2011 passed in I.A. No.14024/2010 by

the Joint Registrar. The plaintiff’s application seeking direction against

the defendant to file a fresh affidavit as evidence in conformity with the

pleadings or alternatively prayer was made that the paragraphs-2 to 10,

14 and 17 to 20 of the affidavit be not read in evidence has been

rejected by the impugned order.

2.

The brief facts of the case are that the plaintiff filed a suit

for specific performance for enforcement of Agreement to Sell dated

24.12.1