DESMOND JOSEPH THERAKAN Vs. DOLPHIN DEVELOPERS

JUDGEMENT

(1.) Based on the development agreement dtd. 29/12/2010, a suit for specific performance is initiated by the Petitioner/Plaintiff in which Respondent/Defendant tendered his affidavit of examination-in-chief.

(2.) The Petitioner claiming that the said affidavit of examination-inchief goes contrary to the pleadings as are raised in the defence, has sought discarding of evidence in the said affidavit of examination-inchief before Defendant is entered into witness box.

(3.) The said Application-Exhibit-161 came to be rejected. As such, this Petition.