SHAMSHER SINGH Vs. MITO

JUDGEMENT

(1.) The present civil revision has been filed challenging the order dtd. 19/1/2023 (Annexure P-1) passed by the learned Additional Civil Judge (Sr. Divn.), Barnala by which, the prayer of the petitioner-plaintiff for recalling DW5-Kusum for further cross-examination, keeping in view the certain facts, which have come to their knowledge after cross-examination of the said witness, which are just and proper for decision of the suit filed by the petitioner-plaintiff, has been declined.

(2.) Learned counsel for the petitioner-plaintiff argues that the suit has been filed by the petitioner-plaintiff for specific performance of the agreement to sell dtd. 1/6/2012 for which, out of the total sale consideration of'1,41,00,000/-, a sum of'65,00,000/- have already been paid but as the respondents-defendants failed to execute their part, the civil suit for specific performance of the agreement in question was filed.

(3.) Learned counsel for the petitioner-plaintiff submits that in the written statement dtd. 10/11/2014 (Annexure P-5), the respondents-defendants completely denied the execution of any such agreement, the specific performance of which was being sought. The issues were framed and the petitioner-plaintiff has already completed his evidence and the defendants evidence is being led as of now.