BRIJESH KUMAR Vs. BIMLA DEVI

JUDGEMENT

(1.) Present suit has been filed by the plaintiff for specific performance of an Agreement to Sell dated 17.5.2013 and for permanent injunction.

(2.) Summons in the suit and notice in the application were issued on 13.11.2013. Counsel for the defendant entered appearance on 13.3.2014 and sought four weeks' time to file the written statement. Despite the matter being listed before the Joint Registrar on 4.7.2014 and 11.8.2014, written statement was not filed and consequently the right to file written statement was closed on 11.8.2014 by the Joint Registrar. Counsel for the plaintiff prays that a decree be passed against defendant under Order VIII Rule 10 CPC as despite time being granted to counsel for the said defendant to file the written statement, no written statement has been filed. No written statement has been filed neither any application for extension of time has been filed.

(3.) As per the plaint, the defendant claims herself to be the absolute owner of the property bearing No.134 and 135 on the second floor without roof rights, area measuring 26+26 = 52 sq.m., Pocket 16, Block-E, Sector-8, Rohini, Delhi-85, situated in the Rohini Residential Scheme having purchased the same from the DDA.