G S GUPTA Vs. CHET RAM GUPTA

JUDGEMENT

(1.) The present petition has been filed challenging the order dated 24th May, 2018 by which four applications under Order VI Rule 7 CPC - I.A. No. 3843/09, I.A No. 3844/09, I.A No. 8959/09 and I.A No. 8960/09, and one application under Order VI Rule 17 CPC - I.A. No. 12340/09, have been decided by the ld. Trial Court.

(2.) The background of the suit is that the Plaintiff before the Court - Shri Chet Ram Gupta, i.e., Respondent No.1 (hereinafter, "Plaintiff") filed a suit against Defendant No.1/Respondent No.2 - Smt. Motian Devi Lamba (hereinafter, "Defendant No. 1"), Defendant No.2/Petitioner No.1 - Dr. G.S. Gupta (hereinafter, "Defendant No.2"), Defendant No.3/Petitioner No.2 - Shri S.P. Gupta (hereinafter, "Defendant No.3") and Defendant No.4/Petitioner No.3 - Shri Ravi Prakash Gupta (hereinafter, "Defendant No.4"), seeking specific performance of the alleged agreement to sell dated 16th September, 1986. The suit was filed in the year 1989 and relates to property bearing No. W-73 Greater Kailash-II, New Delhi, admeasuring 1014 sq. yards. The reliefs sought in the original plaint were primarily for specific performance and other consequential reliefs.

(3.) The Defendants had filed the written statement along with a counterclaim seeking possession of the property. The following issues were framed in the suit on 9th November, 1994: