MUKAND SINGH Vs. AJIT SINGH

JUDGEMENT

(1.) The present revision petition has been filed by Mukand Singh petitioner directed against the order passed by the learned Addl. Senior Sub Judge. Nabha, dated 10.11.1997.By virtue of the impugned order, learned trial Court allowed the application of respondent-defendant and directed the petitioner to produce his witnesses for cross-examination.

(2.) Some of the relevant facts are that the petitioner-plaintiff filed a suit for specific performance of the agreement dated 15.7.1987. It was asserted that the respondent had agreed to sell the property and received Rs. 70,000.00 as earnest money. The balance sale consideration was payable on the stipulated date i.e. 13.12.1989. The possession had remained with the respondent. The respondent had filed written statement and denied the execution of agreement to sell. He took up the plea of fraud. After trial, the learned Civil Judge decreed the suit vide judgment and decree dated 12.12.1992. Aggrieved by the said judgment and decree, an appeal was filed in the Court of learned Addl. District Judge. During the pendency of appeal before the learned Addl. District Judge, respondent filed ,an application seeking amendment of the written statement. The amendment application was declined by the learned Addl. District Judge. The respondent filed a revision petition in this Court. The same was allowed. In other words, the amendment application filed by the respondent was allowed. It was held that the plea of fraud and forgery has already been taken. The amendment was in the nature of elaboration of the plea. Accordingly, the order of learned Addl. District Judge was set aside.

(3.) When the matter was taken up by the learned Addl. District Judge. additional issue No. 4-A was framed, namely, whether the agreement in question is the result of forgery and fraud as alleged OPP