GURDEV KAUR Vs. CHINDER KAUR

JUDGEMENT

(1.) The plaintiff through her legal representative, assails the correctness of the order passed by the trial court, while rejecting her application to debar defendant No. 3 to 6 from cross examining the plaintiff.

(2.) In the considered view of this Bench, a short but interesting question arises for consideration, which is as follows:-

(3.) Some peculiar facts are required to be noticed. Smt. Chinder Kaur was the owner of shop-cum-flat bearing No. 8, plot D, Model Town, Extension Part II, Ludhiana. It is claimed by the plaintiff that she appointed one person named Sh. Rajkumar Sharma as her General Power of Attorney, who in turn entered into an agreement to sell with the plaintiff, for a total sale consideration of Rs.10,75,000.00. Sh. Raj Kumar Sharma, General Power of Attoreny of Smt. Chinder Kaur informed her and also executed a Special Power of Attorney in favour of Manjit Singh s/o Hazur Singh. Complaining non-performance of the agreement to sell, the plaintiff filed the suit for the grant of decree of specific performance of agreement to sell. Smt. Chinder Kaur chose not to contest the suit whereas defendant No. 3 to 6 were impleaded as defendants.