BHUSHAN TYAGI Vs. ATTAR KALI

JUDGEMENT

(1.) IA No. 12079/95 is filed on behalf of the defendant under Order 9 Rule 7 and under Section 151 Civil Procedure Code for recalling the order dated 11.10.1995 by which the defendant had been set exparte.

(2.) As a matter of fact, order dated 11.10.1995 is only the repetition of the order dated 17.04.1995 and that is not an independent order setting the defendant ex parte.

(3.) The plaintiff has filed the suit for specific performance of the agreement to sell dated 21.04.1989. The plaint was presented on 13.06.1989. The defendant in the written statement stated that she is leading a very comfortable life. The income of the defendant from the agriculture and from deposits on the compensation amount, is more than the savings. According to her, she is enjoying surplus money. In para 4 of the written statement she stated thus: In the circumstances as above in which the defendant is placed there is no agreement made for the sale or transfer of any land by the defendant. She cannot and will never execute an instrument for the conveyance of her lands in any manner whatsoever. All her affairs are in the control and supervision of her son and he has never advised the defendant to effect any sale or transfer of her lands. The son has also not done anything of the kind on her behalf. The agreement in suit is a bogus transaction. It is a sham document. The plaintiff has forged and fabricated this document in collusion and connivance with some of the relations of the defendant, the said relations in the past have made many an attempts to usurp the properties of the defendant. Attempts to secure a Will of the defendant have even been made. Defendant cannot even enter into any such transaction, in view of her limited interest.