UMA SHANKAR BHARTIA Vs. SUVIDHA ESTATE AGENCY

JUDGEMENT

(1.) Prayer in the present Revision Petition, is for setting aside order dtd. 23/7/2021 (Annexure P1) whereby learned trial Court has allowed interim miscellaneous application dtd. 15/1/2020 (Annexure P-12) filed by respondent No.1/plaintiff, seeking to examine the petitioner/defendant No.2, as its own witness during evidence of plaintiff.

(2.) Brief facts of the case are that on 16/11/2018, the plaintiff instituted a Suit (Annexure P-2) for recovery of Rs.90,62,400.00against the defendants No.1 and 2/proforma respondent No.2 and the petitioner herein, respectively. Upon notice, the petitioner and respondent No.2 appeared and filed joint written statement dtd. 17/5/2019 (Annexure P-3), in the said Suit. It is the pleaded case of the plaintiff that he is a property dealer who deals in real estate and sale and purchase of immovable properties. Respondent No.2 and the petitioner who were in possession of the suit property as described in the head note of the plaint, were desirous of selling the same and therefore, approached plaintiff for sale of said property.

(3.) It is the case of the plaintiff that upon sale of the suit property he was entitled to claim commission @ 2% of the sale proceeds along with GST at the applicable rate. As per Agreement to Sell dtd. 7/5/2018 executed between sellers and purchasers, either sellers or purchasers would pay commission to respondent No.1 along with GST. In pursuance to the said Agreement to Sell dtd. 7/5/2018, Sale Deed dtd. 16/7/2018 was executed in respect of the suit property between 'sellers'/being the petitioner and respondent No.2 herein, and the 'purchasers'/being one Mr. Vijay Kumar Bhandari and 3 others. It was the grievance of the plaintiff that he was not paid the commission as agreed upon at the time of Agreement to Sell. Accordingly, the plaintiff/respondent No.1 herein, filed Suit for recovery of the aforesaid amount, wherein a joint written statement is filed by the petitioner and respondent No.2.