DAVINDER SINGH Vs. SURJIT MALHOTRA

JUDGEMENT

(1.) 1. These are applications by defendant for amendment of written statement under order 6 Rule 17 of Code of Civil Procedure and under section 151 of Code of Civil Procedure for permission to place on record photocopy of Special Power of Attorney dated 20th July, 1990; photocopy of Power of Attorney dated 24. 3. 2001 executed by Sh. Ashok Kumar Gulati in the U. S. A, photocopy of perpetual sub lease dated 12. 8. 1970 and photocopy of FIR No. 119/2000 dated 18. 4. 2000 in P. S Kotla Mubarakpur, New Delhi and notification of land rates of land and Development Office.

(2.) THE plaintiff filed this suit for the specific performance of an agreement in respect of property number GI/23, G. T. Karnal Road, industrial area, Delhi. The defendant has contested the pleas of the plaintiff contending that an exchange agreement was entered into between the parties in respect of G. T. Karnal Road property and house no. A-122 Gujranwala Town, Delhi. Since the title of the property of gujranwala Town, Delhi was doubtful as the original lease deed was not produced and reliable explanation about it was also not given, therefore, the agreement dated 2. 4 2003 was cancelled. In the alternative the defendant has sought a counter claim for specific performance in respect of property No. A-122, Gujranwala Town, Delhi 110033 in his favor.

(3.) ON the pleadings of the parties issues were framed and thereafter, the evidence of the plaintiff was recorded. After the evidence of the plaintiff was recorded the defendant filed his evidence on affidavit dated 30th May 2005 and appeared for cross examination before the local commissioner. The plaintiff, however, did not cross-examine the defendant and raised objections regarding the deposition made by the defendant in the affidavit filed as evidence. The plaintiff contended that the deposition of the defendant in the affidavit is beyond his pleadings. The plaintiff also objected to the documents filed by the defendant with the affidavit.