NIRMAL SINGH Vs. MANOHAR LAL

JUDGEMENT

(1.) This petition under Art. 227 of the Constitution of India is directed against the order passed by the learned Civil Judge (Senior Division), Nalagarh, on 23.05.2015 whereby the application filed by the petitioner for placing on record certain documents came to be dismissed.

(2.) The brief facts of the case are that plaintiffs -respondents No.1 and 2 (hereinafter referred to as the respondents) filed a suit against the defendant -petitioner (hereinafter referred to as the petitioner) for specific performance of the contract for execution of sale deed of suit property measuring 0 bigha 7 biswas, being 7/93 share out of total land measuring 4 bighas 13 biswas, bearing Khasra No.1246, comprised in Khata -Khatauni No.141/157, situated in the area of Bhogpur, Pargana Plassi, Tehsil Nalagarh, District Solan.

(3.) The suit was resisted by the petitioner by filing written statement wherein it was alleged that the agreement which though had been reduced into writing had been tampered with by the use of technology and thus was not enforceable. It was further alleged that the petitioner had appeared before the Sub Registrar, Nalagarh on 06.10.2008 for execution of the sale deed, but it was the respondents who failed to turn up and were thus not entitled to seek specific performance of the agreement.