BALRAJ TANEJA Vs. SUNIL MADAN

JUDGEMENT

(1.) Leave granted.

(2.) Respondent No. 1, Sunil Madan, filed a suit in the Delhi High Court against the appellants and respondent No. 2 for specific performance of an agreement for sale in respect of property No. W-118, First Floor, Greater Kailash-II, New Delhi. The suit was filed in May, 1996. Summons which were issued to the appellants and respondent No. 2 were duly served upon them and in response thereto, they put in appearance before the Court on 20/09/1996 and prayed for eight weeks' time to file written statement which was allowed and the suit was adjourned to 22nd of January, 1997. Written statement was not filed even on that date and an application was filed for further time to file the written statement which was allowed as a last chance and the written statement was directed to be filed by 7th of February, 1997. The suit was fixed for 10th of February, 1997.

(3.) Since the written statement was still not filed, the Court decreed the suit for specific performance in favour of respondent No. 1 under Order 8, Rule 10, C. P. C. Respondent No. 1 was directed to deposit a sum of Rs. 3 lakhs, being the balance amount of sale consideration, within six weeks and on the amount being so deposited, he was given the liberty to apply to the Court for appointment of a Commissioner for executing the sale deed in his favour. The review application filed by the appellants including respondent No. 2 was dismissed by the High Court on 13th of May, 1997. An appeal, which was filed by the appellants, including respondent No. 2, thereafter, before the Division Bench (R. F. A. (OS) No. 36/97) was dismissed on 29-4-1998. It is in these circumstances that the present appeal has been filed in this Court.