PREM SAGAR DUBEY @SUBHAS CHANDRA Vs. VIDYADHAR

JUDGEMENT

(1.) The plaintiff filed a suit for specific performance alleging that he had executed an agreement for sale with the defendant for a total consideration of Rs.52,000.00 out of which the plaintiff was paid Rs.26,000.00 by way of an advance. The suit was resisted by the defendant alleging that he had not entered into an agreement for specific performance and denied the plaint allegations. In paragraph Nos.17 and 18 of the written statement the defendant contended that he had taken a loan of Rs.26,000.00 from the plaintiff against which he had issued a receipt for the said purposes and specifically denied any execution of an agreement for sale.

(2.) On the basis of the pleadings, various issues were framed, and Issue No.8 was framed on the basis of the averments made by the defendants in paragraph 18 of the written statement. It transpires that the plaintiff moved an application praying the defendant should be directed to lead the evidence on issue No.8. This application was allowed by the trial court directing the defendant to lead the evidence in view of the admission made by him in paragraph No.18 of the written statement. The defendant filed a revision which was also dismissed. Consequently the writ petition.

(3.) Heard the learned counsel for the parties.