SWADESH SHARMA Vs. VIKAS SHARMA

JUDGEMENT

(1.) OA No.156/2014 (u/R 4 C II)

(2.) IT is a matter on record that the plaintiff has instituted the instant suit for specific performance of Agreement to Sell dated 13.03.2005. It is averred that a sum of Rs. 15,98,000/ - was paid to the defendant as part sale consideration. The plaintiff expressed readiness and willingness to perform his part of the contract and to pay the balance consideration. Issues were settled by an order dated 15.01.2009. The plaintiff filed his evidence by way of affidavit but no cross -examination took place.

(3.) IA No.10758/2014 under Order VII Rule 14 CPC was moved by the plaintiff to bring on record additional documents to prove that he had enough money at his disposal in bank accounts to pay it to the seller before the due date. These documents could not be placed on record earlier by the previous counsel. When the plaintiff engaged a new counsel, this lapse came to his knowledge.