(1.) These two applications I.A. 4545/96 under Order 6, Rule 17, CPC and the other I.A. 9516/99 under Section 14 of the Limitation Act have been filed by the defendant.
(2.) The material facts are that the plaintiff had entered into an agreement to sell dated October 22,1971 with the defendant to sell his house at K-21, Hauz Khas Enclave, New Delhi for a consideration of Rs. l,80,000.00 . The possession of the property is alleged to have been taken by the defendant on 25.11.1971 for some religious function and defendant is in unauthorised possession. The defendant made only part payment and did not make payment of the balance sale consideration and committed breach of the agreement. He has claimed possession and mesne profits in the suit. The suit was filed on 11.2.1981.
(3.) Defendant in his written statement has disputed the claim of the plaintiff and has alleged that he has made full payment of the sale consideration and even interest thereon for some delay but the plaintiff has committed breach of the agreement and has failed to complete the sale. Possession of the property was delivered to him on 25.11.1971 in pursuance of the agreement to sell. Issues were framed on 7.2.1986 and the plaintiff has adduced some evidence when the defendant filed first application (I.A. 4545/96) under Order 6, Rule 17, Civil Procedure Code and Order 8, Rule 6A, Civil Procedure Code on 8.4.1996 seeking amendment in the written statement inter alia to incorporate counter claim for specific performance of the aforesaid agreement to sell. Plaintiff filed a reply contesting the application. After more than three years when the case was to be taken up for arguments, defendant filed the second application (I.A. 9516/99) on 22.9.1999 under Section 14 of the Limitation Act, claimed exclusion of time taken by him in pursuing proceedings in Suit No. 332/74 initially filed in this Court which was later transferred to the District Judge and registered as Suit No. 135/80 by the Commercial Sub-Judge seeking mandatory injunction against the plaintiff to execute/sign the sale deed. I.A. 9516/99