UMED MAL DUGAR Vs. SMT. ANITA DALMIA

JUDGEMENT

(1.) This application is at the instance of the defendant/petitioner and is directed against the order dated February 13, 2019 passed by the learned Civil Judge (Senior Division), 1st Court at Alipore in connection with Title Suit No. 953 of 2011 (renumbered as Title Suit No. 21 of 2011) thereby rejecting the application dated June 4, 2013 filed by the defendant with a prayer for expunging the agreement for sale which was marked as Exhibit during evidence of PW 1 from the Exhibit list of the plaintiff.

(2.) The plaintiff/opposite party instituted the suit for specific performance of contract, permanent injunction and mandatory injunction against the petitioner. The defendant/petitioner appeared in this suit and contested the same by filing written statement. The flat being No. 202, measuring an area of 1630 sq.ft. in the 2nd floor of the premises No. 17/1C, Alipore, Kolkata - 700027, is owned and possessed by the defendant/petitioner. The plaintiff/opposite party entered into an agreement with the defendant/petitioner on 14.05.2003 for purchase of the same with a total consideration of Rs. 35,70,000/-(Rupees Thirty Five Lakh Seventy Thousand) only and the defendant/petitioner after taking the consideration amount of Rs. 35,70,000/-(Rupees Thirty Five Lakh Seventy Thousand) only delivered possession of the said flat in favour of the plaintiff/opposite party. The plaintiff/opposite party requested the defendant/petitioner to execute and register the conveyance deed in his favour but the defendant/petitioner did not execute registered deed of sale in favour of the plaintiff/opposite party and deferred the registration one after another pretext and in this way six years had been lapsed since 2003 to 2009. On June 4, 2013, the defendant/petitioner filed two applications one was under Order 26 Rule 10 A read with Section 151 of the Code of Civil Procedure and another was an application for expunging the agreement for sale from the Exhibit list of the plaintiff and the plaintiff/opposite party duly contested the same by filing written objections in two applications. On November 22, 2013 the learned Civil Judge (Senior Division), 1st Court, Alipore passed an order rejecting the said two applications. Against the said order dated November 22, 2013, the defendant/petitioner preferred a Civil Revisional Application before this Court under Article 227 of the Constitution of India. The said application was taken up for hearing on October 13, 2014 and after hearing the parties, this Court passed an order inter alia as follows:-

(3.) Upon communication of the said order passed by this Court, the application under Section 151 of the Code of Civil Procedure for expunging the Exhibit-1 from the exhibit list filed by the plaintiff/opposite party has been re-opened. On February 13, 2019, the learned Civil Judge (Senior Division), 1st Court, Alipore rejected the said application under Section 151 of the Code of Civil Procedure. Being aggrieved, this application has been preferred.