HARJINDER KAUR Vs. SHAM SUNDER

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dtd. 11/7/2019, passed by the trial Court in case titled as Harjinder Kaur vs. Sham Sunder and others.

(2.) It is the case of the petitioner that respondent Nos. 1 and 2 entered into an agreement for purchase of 44 Kanals 09 Marlas of land at the rate of Rs.18,50,000.00 per acre, as per agreement dtd. 28/9/2018 and the sale deed was executed qua 24 Kanals of land on 10/12/2018 and for the remaining land, the sale deed was to be executed 10/5/2019 on receiving remaining sale consideration from respondent Nos. 1 and 2, however, the original agreement to sell was not produced by respondent Nos. 1 and 2 and, therefore, an application was filed before the trial Court under Order 11 Rules 14 and 15 read with Sec. 151 CPC for directing the defendants to produce the original agreement to sell.

(3.) In reply to the said application, the counsel for the defendants made a statement that the original agreement to sell is in the court file in a suit for specific performance filed by the defendants (plaintiffs in that suit), which is between the same parties and is fixed before the same Court.