JAIBIR Vs. BRIJ BHAN

JUDGEMENT

(1.) Plaintiff-Jaibir has approached this Court by way of instant revision petition under Article 227 of the Constitution of India impugning order dated 19.04.2012 Annexure P-12 passed by learned trial Court thereby disposing of as infructuous application Annexure P-10 moved by the plaintiff-petitioner under Order 10 Rule 2(2) read with Section 151 of the Code of Civil Procedure (in short, CPC). Plaintiff has filed suit for specific performance of agreement to sell allegedly executed by defendant in favour of the plaintiff. The defendant in his written statement denied the execution of the agreement and pleaded that his signatures had been obtained by plaintiff on blank papers.

(2.) In application Annexure P-10, the plaintiff prayed that the defendant be called upon to appear and admit or deny the execution of documents i.e. agreement, receipt, general power of attorney, Will, security bond and affidavit allegedly executed by the defendant.

(3.) The defendant in his reply Annexure P-11 reiterated the stand taken in the written statement regarding the documents and also pleaded that the application under Order 10 Rule 2(2) CPC is not maintainable after framing of issues and recording of part evidence of the plaintiff.