SANDEEP GROVER Vs. PRIYANKA BATRA

JUDGEMENT

(1.) A challenge has been made to order dated 18 -8 -2015 passed by Additional District Judge No. 2 Behror District Alwar dismissing the petitioner -defendant's (hereinafter 'the defendant') application for interrogatories under Order 11 Rule 1 CPC.

(2.) The facts of the case are that the plaintiff -respondent (hereinafter 'the plaintiff') filed a suit for specific performance of an agreement to sell claiming that it was evidenced from a receipt dated 24 -11 -2001 in respect of agricultural land in Khasra No. 179 to 181, 186 and 197 situate in village Jankisinghpura Sub Tehsil Neemrana, Tehsil Behror District Alwar admeasuring 17 bighas entered in the khatedari of the defendant. It was averred that the defendant agreed to sell the aforesaid land in lieu of Rs. 1.45 crores in pursuance whereof the amount receipted on 24 -11 -2001 passed on to the defendant. The receipt dated 24 -11 -2001 recorded the fact that remaining sale consideration of Rs. 25 lacs would be paid on or before 24 -11 -2004, whereupon sale -deed would be executed in respect of the suit land and got registered in favour of the plaintiff. The defendant having reneged on his obligation on receipt cum agreement to sell, the suit for specific performance was filed.

(3.) The suit was filed on 3 -4 -2008. On service of summons of the plaint on the defendant, he filed an application under Order 7 Rule 11 CPC on 3 -5 -2008, which was dismissed on 17 -3 -2011. Another application under Order 11 Rule 14 CPC was filed on 2 -8 -2008 by the defendant even prior to filing of the written statement, this was also dismissed. On 11 -4 -2011 an application under Sec. 151 CPC was filed by the defendant and dismissed on 23 -1 -2015. A revision petition was filed against the order dated 17 -3 -2011, which was also dismissed on 17 -10 -2011, by the court. The written statement finally came to be filed only on 17 -10 -2011, over three and half years subsequent to the plaintiff's suit for specific performance.