SUSHIL AGARWAL Vs. BALVEER KUMAR JAIN & ORS.

JUDGEMENT

(1.) This writ petition is directed against order dated 16.3.2010 passed by Additional Civil Judge, (JD) No. 6, Jodhpur in Civil Suit No. 73/1995, whereby an application preferred by the petitioner/plaintiff under Order 7, Rule 14 read with Sec. 151 of C.P.C., stands rejected.

(2.) In nutshell, the relevant facts are that the petitioner/plaintiff filed a suit for specific performance of the contract on the strength of an agreement to sell dated 15.1.1988 alleged to have been executed in his favour by the respondent/defendants No. 1 in respect of the plot No. 44A situated at Shanti Priya Colony, Jodhpur. It is alleged on behalf of the petitioner/plaintiff in the plaint that the petitioner/plaintiff power of attorney Chandra Shekhar Gehlot in collusion with the defendants No. 1 Balveer Kumar, defendant No. 3 Sajjan Raj has executed and jot registered a fake sale deed dated 2.12.1990 in favour of the defendant No. 2.

(3.) The suit is being contested by the defendants by filing written statements thereto. On the basis of the pleadings of the parties, the Trial Court framed the issues and the matter is presently posted for plaintiffs evidence.