ROHINI DAMJI SIDPRA Vs. SOM PRAKASH YADAV

JUDGEMENT

(1.) PLAINTIFF has filed the present suit against the defendant for recovery of Rs.22,10,000/ - together with interest @18%, per annum from the date of filing of the present suit till realization.

(2.) UPON service of summons, defendant entered appearance and also filed written statement. Since, none appeared on behalf of the defendant on 13.1.2009, the defendant was proceeded ex parte on 13.1.2009. Liberty was granted to the plaintiff to file ex parte evidence and the matter was placed before Joint Registrar for marking exhibits on documents. Plaintiff has filed her ex parte evidence by way of affidavit, which is Exhibited as Ex.PW -1/A. In the affidavit, the plaintiff has deposed on the lines of the plaint.

(3.) IN the affidavit, the plaintiff has also deposed that in order to defraud her the defendant was trying to sell his another Shed No.154 and was also trying to create third party right in respect of the said Shed as well as half portion of the said Sheds No.85 and 44, DSIDC, Okhla Industrial Estate, Part -I, New Delhi. Copy of the Agreement to Sell dated 17.6.2006, in respect of Shed No.154, in respect of the defendant, has been exhibited as Ex.PW -1/14. The plaintiff thereafter issued a notice dated 12.3.2009 under Order XII Rule 8 CPC to the defendant to produce the Original Agreement to Sell dated 17.6.2006. Notice dated 12.3.2009 has been exhibited as Ex.PW -1/15. Original Postal Receipt, evidencing service of legal notice dated 12.3.2009, has been exhibited as Ex.PW -1/6.