BANARSI DASS Vs. OM PRAKASH

JUDGEMENT

(1.) In this revision petition under Article 227 of the Constitution of India, the plaintiff-petitioner has impugned order dated 7-9-2004 passed by the Civil Judge (Senior Division), Karnal whereby application for leading secondary evidence in respect of agreement dated 13-10-1998 regarding sale of suit property has been declined.

(2.) The plaintiff-petitioner, on 3-1-2002, filed a suit for specific performance of agreement dated 13-10-1998 and to execute and register sale deed regarding 349 sq. yards of land in favour of the plaintiff on receipt of balance consideration of Rs.2,01,500/- and to hand over actual and physical possession.

(3.) The defendant-respondents in the written statement dated 21-5-2002 denied having entered into any agreement with the plaintiff for purchase of land in question and further averred that if the plaintiff was having any agreement to sell then the same is false, forged and fabricated.