AJAY SHARMA Vs. MOHINDER PAUL SINGH

JUDGEMENT

(1.) The present Chamber Appeal has been filed by the plaintiff/appellant against the order dated 05.08.2011 passed by learned Joint Registrar, dosing the plaintiffs evidence. A brief background of the case is considered relevant for deciding the appeal. The plaintiff has instituted the accompanying suit against the defendant for the relief of specific performance of an Agreement to Sell in respect of a property situated at Janakpuri. The suit was listed for admission on 12.05.2008 and summons were issued to the defendant: On the same date, an ex parte ad interim injunction was granted in favour of the plaintiff, directing the defendant to maintain status quo in respect of the title and possession of the suit property. The plaintiff was also directed to deposit the balance sale consideration in Court within a period of two weeks. Thereafter on 13.01.2009, counsel for the defendant had stated on instructions from his client that the defendant was ready and willing to sell the property in question to the plaintiff on payment of the balance sale consideration and that he could not produce the completion certificate of the property, but would be able to hand over the other relevant documents. In view of the willingness shown by the defendant to execute the Sale Deed in respect of the suit property and his having made his stand clear in respect of the completion certificate, counsel for the plaintiff was directed to obtain instructions as to whether the plaintiff was still willing to proceed with the suit. In view of the aforesaid development, the requirement to deposit the balance sale consideration by the plaintiff was waived.

(2.) Thereafter, pleadings were completed in the suit and issues were framed on 06.10.2009. On the said date, both parties were directed to file the list of witnesses within four weeks. The plaintiff was also directed to produce the evidence by way of affidavits for examination-in-chief of his witnesses within eight weeks. With these directions, the suit was listed before the Joint Registrar on 21.12.2009. On 21.12.2009, the Joint Registrar noted that the list of witnesses had not been filed by the parties within the stipulated time and both parties had sought further time to do so. Two weeks' further time was granted to the parties to file their affidavit by way of evidence. Thereafter, the suit was listed for examination and cross-examination of the plaintiff's witnesses on 26.03.2010.

(3.) On 26.03.2010, the Joint Registrar again observed that the list of witnesses had not been filed by the parties. Further one week's time was granted to the parties to file their list of witnesses. It was also directed that if the plaintiff did not file the affidavits of his witnesses, then the same would not be taken on record and the suit was adjourned to 09.04.2010. On 09.04.2010, the plaintiff filed affidavit qua admission/denial of documents of the defendant and he was examined and cross-examined in part as PW 1. His cross-examination was thereafter deferred to 10.08.2010.