DHARAMJEET KAUR Vs. JAGIRO

JUDGEMENT

(1.) INTERIM Order This order will dispose of application filed under Order X Rule 2 read with Order XIV Rule 1 and Section 151 CPC.

(2.) APPLICANT Smt. Dharamjeet Kaur filed Civil Suit for specific performance of contract dated 18.1.2014 relating to suit land comprised in khewat -Khatauni No. 48/70 khasra No. 386/125 measuring 0 -11 biswas and khewat -khatauni No. 48/70 khasra No. 388/125 measuring 4 bighas 16 biswas total land 5 bighas 7 biswas as entered in the jamabandi for the year 2007 -08 situated in village Manguwal Pargana Palasi Tehsil Nalagarh District Solan H.P. In alternative applicant sought relief of compensation to the tune of Rs. 16,00,000/ - (Rupees sixteen lacs) with interest at the rate of 18% per annum. Applicant also sought additional relief of permanent perpetual prohibitory injunction against non -applicant restraining non -applicant from transferring the land in favour of any third person or from changing the nature of the suit land.

(3.) ADMISSION and denial process conducted by the Court before framing of issues in the civil suit. Applicant filed the present application before framing of issues in the civil suit pleaded therein that non -applicant has denied the execution of agreement dated 18.1.2014. It is pleaded that there is ambiguity in the facts stated in the written statement and in the admission and denial process. It is further pleaded that examination of applicant and non -applicant before framing of issues is essential in the present case. It is further pleaded that in case thumb impression is admitted by non -applicant then controversy would narrow down and it would avoid extra expenditure to prove the thumb impression on the document of agreement by the non -applicant. It is prayed that applicant and non -applicant be examined in person in the Court before framing of issues under Order X Rule 2 read with Order XIV Rule 1 read with Section 151 CPC.