YUVRAJ AND ANR. Vs. MUNISH SINGLA AND ANOTHER

JUDGEMENT

(1.) This petition under Article 227 of the Contitution of India is for setting aside order dated 21.07.2015 passed by the learned Civil Judge (Jr. Divn.) Ludhiana.

(2.) Brief facts of the case are that defendants-petitioners (for entered into agreement to sell their land measuring 18 kanals 04 marlas with respondents vide agreement to sell dated 09.02.2006 at the rate of Rs. 34,50,000/- per acre and the sale deed was to be executed on or before 15.07.2006. However, respondents were not ready to perform their part of the contract and in this regard, petitioner have the recorded conversation to show that the respondents were not ready to perform their part of the contract. Thereafter, the petitioner moved an application before the learned trial Court for directing respondent-Munish Singla to give his sample voice for getting the same compared with recorded voice of respondent No. 1. The application was dismissed by the learned trial Court vide its order dated 11.04.2014 on the ground that the case is at the stage of evidence of the plaintiff, and thus the application is at pre-mature stage. Thereafter, when the evidence of the petitioner/defendants started then the petitioner moved an application for giving the voice sample by respondent No. 1, for comparison with his recorded voice, which was kept pending and was taken up on an application filed by the petitioner under Section 151 C.P.C, as the petitioner's own evidence was started. This application was also dismissed by the learned trial Court, vide impugned order dated 21.07.2015 (Annexure P-1).

(3.) Learned counsel for the petitioners argued that the direction for giving the sample voice by Munish Singla was essential for the just and proper decision of the case, as it can only prove whether respondents were ready and willing to perform their part of the contract and were having sufficient funds at the relevant time or that they were showing their inability regarding arrangement of funds for execution of the sale deed.