TAJ MOHAMMAD Vs. PARAMJIT SINGH

JUDGEMENT

(1.) A suit for specific performance of an agreement to sell dated 20.10.2005 is pending adjudication before the lower Court since 03.05.2006. To prove certain payments made by the petitioner-plaintiff who is beneficiary of the agreement to sell, to the vender-defendant i.e. respondent in the petition herein, at the stage of final conclusion of the suit, had sought summoning of two officials from the two banks. These payments were made by cheques. This application having been contested by the respondent/defendant was rejected vide order dated 25.07.2013 of the lower Court.

(2.) Impugning this order, the petitioner-plaintiff has claimed that proof of payments made to the respondent-defendant, is necessary to be proved on record as one of two co-owners has already executed sale deed of his share in his favour but the respondent-defendant who is the owner is not coming forward for the same despite having received requisite payment under the agreement and also despite the fact that the petitioner-plaintiff had throughout been ready and willing to perform his part of the contract and in fact had already performed the said part as well. It is claimed that evidence sought to be produced additionally, is required and is necessary for proper adjudication of the matter in controversy.

(3.) The respondent, on the other hand, has contended that the case is at the final stage and evidence sought to be produced additionally is not in the nature of rebuttal evidence, for production of which the case is pending.