TAHIR KHAN Vs. MONESH KATARIA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been preferred by defendants No.1 and 2/petitioners being aggrieved by the order dtd. 5/9/2022 passed by the trial Court whereby the application under Order 11 Rule 12 and 14 of the CPC and so also the application under Sec. 33 of the Indian Stamp Act preferred by defendant No.1 have been rejected.

(2.) The plaintiff/respondent No.1 has instituted an action against the defendants for specific performance of contract dtd. 3/6/2018 executed in his favour by defendant No.1, for declaration that the sale deed dtd. 27/12/2021 executed by defendant No.1 in favour of defendant No.2 is null and void and for permanent injunction restraining the defendants from interfering with his possession over the suit land. The defendants No.1 and 2 have contested the plaintiff's claim by filing their written statement to the same.

(3.) During course of proceedings before the trial Court defendant No.1 filed an application under Order 11 Rule 12 read with Rule 14 of the CPC for directing the plaintiff to produce his income tax return of the year 2019 and the declarations made in the Income Tax Department and the bank submitting that the agreement to sale on the basis of which suit has been instituted is forged and fabricated and thereunder an amount of Rs.13,00,000.00 is alleged to have been paid by plaintiff. The plaintiff objected to the said application which has been rejected by the trial Court by observing that the suit is for specific performance of contract and at this stage, the documents of income tax and the bank statement are not necessary.