SHASHI SEHDEV Vs. NARENDER KUMAR SHARMA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India assails order dtd. 18/11/2019 passed by the learned Additional District Judge ('the learned ADJ'), rejecting an application under Order XVIII Rule 17 of the Code of Civil Procedure (hereinafter referred to as 'CPC') filed by the petitioner (the defendant before the learned ADJ) in CS 576816/16 (Narender Kumar Sharma v. Shashi Sehdev).

(2.) CS 576816/16 was preferred by the respondent against the petitioner seeking specific performance of an agreement to sell dtd. 8/1/2013. Among the averments in the plaint was the averment that the respondent had completed part performance of the agreement to sell and that the petitioner was exhibiting recalcitrance in complying with her part of the deal. The respondent, as the plaintiff in the suit, examined himself as PW-1 and one Raj Rani Sharma as PW-2. The petitioner, as the defendant in the suit, cross examined the respondent and PW-2 Raj Rani Sharma.

(3.) Admittedly, the recording of evidence of PW-1 was concluded on 13/10/2016 and the recording of evidence of PW-2 Raj Rani Sharma was concluded on 6/3/2017.