LAWS(DLH)-2025-1-83

GAURAV TREHAN Vs. GURVINDER SINGH BRAR

Decided On January 14, 2025
Gaurav Trehan Appellant
V/S
Gurvinder Singh Brar Respondents

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India, challenging the order dtd. 30/11/2024, passed by District Judge-02, Patiala House Court, New Delhi, whereby, the learned Trial Court, dismissed the application, filed under Order 18 Rule 17 CPC, seeking an opportunity to record the evidence of Sh. Gaurav Trehan as plaintiff's witness, has been dismissed.

(2.) Sh. Gaurav Trehan, initially filed a suit for specific performance on the basis of an Agreement to Sell executed between him and Sh. Gurdavinder Singh in the year 1997 before this Court.

(3.) Certain disputes arose in the family of Gaurav Trehan, which were later resolved and Memorandum of Settlement was executed and as per the said Memorandum, the suit property was given to Sh. Jai Kumar Trehan. Jai Kumar Trehan was accordingly substituted in the year 2006 in place of Gaurav Trehan. After the death of Jai Kumar Trehan, his legal heirs were brought on record vide order dtd. 28/4/2014.